IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA M.F.A. NO.10005 OF 2013 (MV) BETWEEN:
The Managing Director, B.M.T.C., Double Road, Shanthinagar, Bengaluru – 560 027.
(By Sri. Kaleemullah Shariff, Advocate for Smt. Radha .Y, Advocate) AND:
1. Smt. Lakshmi W/o late Shekar, Aged about 44 years, 2. Pallavi D/o late Shekar, Aged about 25 years, 3. Gopi S/o late Shekar, Aged about 23 years, 4. Prakash S/o late Shekar, Aged about 18 years, 5. Valli S/o late Shekar, Aged about 17 years, . . . Appellant 6. Manjunath S/o late Shekar, Aged 13 years All are residing at No.120, Srinivasanagar, D.J. Halli, Bengaluru – 560 045. . . . Respondents (By Sri. L. Harish Kumar, Advocate for R-1 to R-3 R-4 served, R-5 and R-6 are minor rep. by R-1) This Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 08.07.2013 passed in MVC No.5923/2012 on the file of the 17th Additional Judge, Court of Small Causes, MACT, Mayo Hall Unit, Bangalore, awarding a compensation of Rs.7,42,000/- with interest at 6% p.a. from the date of petition till payment of entire compensation.
This Appeal coming on for Orders this day, the Court delivered the following:
J U D G M E N T The respondent-Corporation in MVC No.5923/2012 on file of XVII Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, Mayo Hall Unit, Bengaluru has preferred this appeal challenging the judgment and award passed by the Tribunal on the ground of quantum.
2. The Tribunal by impugned judgment and award dated 08.07.2013 has awarded the compensation of Rs.7,42,000/- with interest to the claimants for death of one Shekar in a road traffic accident occurred on 12.07.2012 due to rash and negligent driving of a bus bearing registration No.KA-01-FA-2255.
3. The learned counsel appearing for the appellant-Corporation and the learned counsel appearing for respondents-claimants, jointly submit that parties have got the matter settled amicably before Lok-Adalath whereby compensation awarded by the Tribunal was reduced from Rs.7,42,000/- to Rs.6,50,000/- with interest at 6% p.a. towards full and final satisfaction of the award amount. Parties have got the terms and conditions of settlement reduced into writing by way of filing a detailed compromise petition filed under Order 23 Rule 3 read with Section 151 of CPC. Compromise petition signed by the learned counsel appearing for the Corporation and the learned counsel appearing for the respondents is taken on record.
4. Accordingly, appeal stands disposed of.
Judgment and Award passed by the Tribunal stands modified in terms of compromise whereby the compensation of Rs.7,42,000/- with interest 6% p.a. awarded by the Tribunal was reduced into Rs.6,50,000/- with interest at 6% p.a.. Accordingly, claimants are entitled for the compensation of Rs. 6,50,000/- with interest at 6% p.a. from the date of claim petition till the date of realization. Office to draw award in terms of compromise.
5. The amount deposited by the appellant in the above appeal is ordered to be transmitted to the Tribunal for disbursement in favour of the claimants in terms of the settlement arrived between the parties before the Lok-Adalath.
SD/- JUDGE MBM