IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 PRESENT THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA AND THE HON'BLE MR. JUSTICE ASHOK G.NIJAGANNAVAR M.F.A. No.2852/2017 (MV-D) c/w MFA.CROB. No.129/2018 IN M.F.A. No.2852/2017 BETWEEN:
B.A. JAGADEESH S/O. B.L. ANAND, AGED ABOUT 42 YEARS, R/AT. BOMMENAHALLI, GUARDEN HOUSE, TYAGATOORU POST, NITTUR HOBLI, GUBBI TALUK – 572 212, TUMAKURU DISTRICT. ... APPELLANT (BY SRI KUMAR K.R., ADVOCATE) AND:
1. J. JAGADEESH S/O. JAYANNA, AGED ABOUT 62 YEARS, AGRICULTURIST & BUILDING MATERIAL SUPPLIER, 2. SMT. RATHNAMMA W/O. J. JAGADEESH, AGED ABOUT 50 YEARS, AGRICULTURIST & HOUSE HOLD WORK, THE RESPONDENTS NO.1 & 2 ARE THE R/O. VINAYAKA EXTENSION, HOSADURGA TOWN – 577 527, HOSADURGA, CHITRADURGA DISTRICT. ... RESPONDENTS (BY SRI S.C. VIJAYA KUMAR, ADVOCATE FOR R-1 & R-2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2017 PASSED IN MVC NO.407/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, M.A.C.T., HOSADURGA, AWARDING COMPENSATION OF RS.32,85,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
IN MFA.CROB.No.129/2018 BETWEEN:
1. J. JAGADEESH S/O. JAYANNA, AGED ABOUT 63 YEARS, AGRICULTURIST AND BUILDING MATERIAL SUPPLIER, R/O. VINAYAKA EXTENSION, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA DISTRICT – 577 527.
2. SMT. RATHNAMMA W/O. J. JAGADEESH, AGED ABOUT 51 YEARS, AGRICULTURIST AND HOUSE HOLD WORK, R/O. VINAYAKA EXTENSION, HOSADURGA TOWN, HOSADURGA TALUK, CHITRADURGA DIST. – 577 527. ... CROSS OBJECTORS (BY SRI S.C. VIJAYAKUMAR, ADVOCATE) AND:
B.A. JAGADEESH S/O. B.L. ANAND, AGED ABOUT 51 YEARS, R/O. BOMMENAHALLY , GARDEN HOUSE, THYAGOTOR POST, GUBBI, TUMAKUR DISTRICT – 572 212. ... RESPONDENT ***** THIS MFA CROB. IN MFA.NO.2852/2017 IS FILED PASSED U/O 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 19/01/2017, PASSED IN MVC NO.407/2013, ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC., & MACT, HOSADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFA AND MFA.CROB. COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T MFA.No.2852/2017 is listed to consider I.A.No.II/2018 seeking withdrawal of the amount deposited by the appellant – owner of the vehicle.
2. Learned counsel for appellant – owner of the vehicle bearing Regn.No.KA-06-M-5597 and learned counsel for respondent – claimants jointly submit that the parties have arrived at a negotiated settlement. That the vehicle in question did not have an insurance policy, therefore the owner is liable to pay compensation to the respondent – claimants. That the Tribunal awarded Rs.32,85,000/- with interest at the rate of 6% p.a. from the date of claim petition till realization on account of the death of Vinay J., in a road traffic accident that occurred on 08/03/2013. They also submit that the appeal and the cross-objection could be disposed of in terms of the settlement arrived at between the parties. They have also filed an application under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) in that regard.
3. The parties are present before this Court.
They have been identified by their respective counsel. They submit that they have arrived at a compromise in the matter and that the appeal and the cross-objection could be disposed of in terms of the compromise. They further submit that they have arrived at a settlement on their own volition and without any undue influence or coercision from any quarter.
4. Respondent – claimants submit that they are willing to accept total/global compensation of Rs.15,00,000/- instead of Rs.32,85,000/- awarded by the Tribunal with interest at 6% p.a. from the date of claim petition till realization in full and final settlement of their claim.
5. Appellant submits that 40% of the award amount of Rs.13,14,000/- has been deposited before the Tribunal at Hosadurga. That in addition, a sum of Rs.1,86,000/- is being paid by cash to the respondents, being the parents of deceased Vinay J.
6. Respondent – claimants acknowledge receipt of the same. They submit that permission may be granted to them to withdraw Rs.13,14,000/-, which is in deposit before the Tribunal. That in toto, they have agreed for a sum of Rs.15,00,000/- in full and final settlement of their claim in the matter and that they do not have any further claim against the appellant herein.
7. The memorandum of compromise is perused and taken on record, which is signed by the respective parties and their counsel. The same reads as under:-
“THE APPLICATION UNDER ORDER 23 RULE 3 R/W. SECTION 151 OF CODE OF CIVIL PROCEDURE The appellant and respondents No.1 and 2 respectfully submits as follows:
1. The appellant herein has filed above appeal having been highly aggrieved by a judgment and award dated 19-01-2017 made in M.V.C.No.407/2013 on the file of Senior Civil Judge and M.A.C.T. at Hosadurga urging several grounds.
2. The respondents herein are the parents of Vinay J. have filed M.V.C.No.404/2013 for the death in motor accident dated 07-03-2013 at about 10.35 p.m. when he moving in motor cycle register bearing No.KA-16-R-7204 from Hosadurga to Yalakappanahalli on Hosadurga- Holalkere Road, in front of Sri. Siddharameshwara Samudaya Bhavana in Hosadurga town one JCB bearing No.KA-06-M- 5597 came from Yalakappanahatti which was driven by its owner in a rash and negligent manner without switched on the head light dashed against the motor cycle driven by deceased Vinay J. as a consequence sustained grievous injuries he succumbed to injuries while shifting to Hosadurga Government Hospital.
3. The appellant being the owner of JCB bearing No. KA-06-m-5597 after service of notice has contested claim petition and denied the averments of the claim petition totally and that includes the event and accident as well.
4. The driver of the vehicle by name Vishwanath was charge sheeted for an offence punishable under section 279, 304(A) of IPC and 187 of I.M. Act in CC.No.537/2013 and he was acquitted by Prl. Civil Judge and JMFC at Hosadurga on 03-01-2015 (Marked as Ex.R-1).
5. This Ho’ble court after hearing the appellant on 27-11-2017 has pleased to ordered to issue notice to the respondents and granted an order of stay subject to deposit 40% of award amount within 6 weeks from thereof.
6. The appellant, in order to compliance of the order dated 27-11-2017 has deposited 40% of award amount Rs.13,14,000/- (Rupees Thirteen Lakhs Fourteen Thousand) on 28-12- 2017 vide R.O.No.0407538 in M.V.C.No.407/2013 before the M.A.C.T.
7. During the course of the proceedings the appellant and respondents herein have voluntarily arrived settlement and settle the matter amicably on following therms and conditions.
8. The respondents-parents of deceased Vinay J. have agreed voluntarily on free volition without coercion or threat whatsoever settle their claim towards the death of their son as full and final settlement by receiving total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) the appellant-owner of the vehicle has already deposited 40% of award amount Rs.13,14,000/- (Rupees Thirteen Lakhs Fourteen Thousand) in M.V.C.No.407/2013 on the file of Senior Civil Judge and M.A.C.T. at Hosadurga as per the order dated 27-11-2017 passed by this Hon’ble court in the above appeal and the appellant-owner is hereby tendering Rs.1,86,000/- (Rupees One Lakh Eighty Six Thousand) cash to the respondents- claimants are the parents of the deceased Vinay J.
9. The appellant-owner of the JCB bearing No.KA-06-M-5597 is hereby agreed and has no objection to withdraw the deposited amount, same was deposited by him before the Tribunal in M.V.C.No.407/2013 on the file of Senior Civil Judge and M.A.C.T. at Hosadurga. The respondents-claimants are hereby agreed and undertake they are fully satisfied by receiving total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs) as full and final settlement towards the death of their son Vinay J. and the appellant- owner is not liable to pay any amount to the respondents in future in this regard.
10. The respondents-parents of the deceased Vinay J. are hereby agreed to withdraw the cross appeal MFA No.129/2018 filed by them before this Hon’ble court.
Wherefore, the appellant and the respondents have filed above compromise petition before this Hon’ble court and prays this Hon’ble court kindly dispose of the appeal in terms of the compromise petition in the interest of justice and equity.”
8. We have perused the same and we are satisfied with the settlement arrived at between the parties and we find that there is no legal impediment to accept the same. In the circumstances, MFA.No.2852/2017 is disposed and the judgment and award of the Tribunal in MVC.No.407/2013 dated 19/01/2017 is modified in terms of the settlement arrived at between the parties.
9. At this stage, learned counsel for respondent – claimants has filed a memo signed by him as well as by the claimants stating that in view of the settlement arrived at in MFA.No.2852/2017, the claimants would not press their cross-objection. Memo is taken on record. Accordingly, MFA.Crob.No.129/2018 is dismissed as not pressed.
10. It is noted that the appellant has deposited statutory deposit of Rs.25,000/-. On the suggestion made by the Court, learned counsel for appellant as well as the appellant have very graciously submitted that the said amount may be transmitted to the Tribunal and the same may be disbursed to the claimants.
Submission of the learned counsel for appellant is placed on record.
Registry is directed to transmit the said amount to the concerned Tribunal.
Office to draw an award in terms of the settlement arrived at between the parties herein.
In view of the disposal of the appeal as well as the cross-objection, all pending applications stand disposed.
On receipt of the certified copy of this judgment by the Tribunal either through this Court or by the claimants submitting the certified copy of the same, Tribunal shall take steps to disburse the amount deposited before it to the respondent – claimants.
Out of the amount deposited before the Tribunal, the same shall be apportioned equally between the claimants.
50% of the said amount apportioned to each of the claimants shall be deposited in any Post Office or Nationalized Bank for an initial period of ten years. They shall be entitled to draw periodical interest on the said deposit. The balance amount shall be released to them after due identification.
Parties to bear their respective costs.
Sd/- JUDGE *mvs Sd/- JUDGE