Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B.SREENIVASE GOWDA M.F.A. NO.1704 OF 2014 (MV) c/w M.F.A. Crob No.121 OF 2016 M.F.A. NO.1704 OF 2014 (MV) BETWEEN:
K. Saraswathi W/o Ramesh Aged about 34 years, R/at No.9, Vidyanagar Cross, Bettahalasur Post, Bangalore – 91.
(By Sri. B. Kumar, Advocate) AND:
1. Smt. Manjula W/o late Ramachnadra Aged about 32 years 2. Jayalakshmi D/o late Chandranna Aged about 29 years Both are residing at No.183/1, Hanumappa Building, Babanagara Main Road, Badrappa Layout, Bangalore – 560 016.
. . . Appellant 3. United Insurance Company Ltd., No.112, 1st Floor, 80 Feet Road, Near Canara Bank, Aswathanagara Bus Stop, Sanjaynagar, Bangalore – 94.
By its Manager . . . Respondents (By Sri. B. Rajegowda, Advocate for R-1 & R-2 Sri. A.M. Venkatesh, Advocate for R-3) This Appeal is filed under Section 173(1) of MV Act against the judgment and award dated 25.09.2013 passed in MVC No.4255/2011 on the file of the 5th Additional Small Causes Judge, 24th ACMM, Member, MACT, Court of Small Causes, Mayo Hall Unit, Bangalore, awarding a compensation of Rs.6,00,112/- with interest @ 6% p.a from the date of petition till the date of realization.
M.F.A. Crob No.121 OF 2016 BETWEEN:
1. Smt. Manjula W/o late Ramachnadra Aged about 35 years 2. Jayalakshmi D/o late Chandranna Aged about 22 years Both are residing at No.183/1, Hanumappa Building, Babanagara Main Road, Badrappa Layout, Bangalore – 560 016.
. . . Cross-Objectors (By Sri. B. Rajegowda, Advocate) AND:
1. K. Saraswathi W/o Ramesh Aged about 36 years, R/at No.9, Vidyanagar Cross, Bettahalasur Post, Bangalore – 560 091.
2. United Insurance Company Ltd., No.112, 1st Floor, 80 Feet Road, Near Canara Bank, Aswathanagara Bus Stop, Sanjaynagar, Bangalore – 560 094. By it’s Branch Manager . . . Respondents (By Sri. B. Kumar, Advocate for Sri. Venugopal M.S. for R-1) Sri. A.M. Venkatesh, Advocate for R-2) This MFA Crob. is filed under Order 41 Rule 22 of CPC, against the judgment and award dated 25.09.2013 passed in MVC No.4255/2011 on the file of the 5th Additional Small Causes Judge & 24th ACMM, Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This MFA & MFA.Crob coming on for Orders this day, the Court delivered the following:
J U D G M E N T This appeal is filed by the owner of the offending vehicle challenging the judgment and award passed by the 5th Additional Small Causes Judge, 24th ACMM, Member, MACT, Court of Small Causes, Mayo Hall Unit, Bengaluru (for short the ‘Tribunal’) on the ground of negligence, liability and quantum of compensation. Whereas MFA Cross Objection No.121/2016 is filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
2. The Tribunal by the impugned judgment and award dated 25.09.2013 allowed the claim petition filed by the respondent Nos.1 and 2 in MVC 4252/2011 herein and awarded compensation of Rs.6,00,112/- with interest at 6% p.a. from the date of claim petition till the date of realization and directed the appellant- owner of the offending vehicle to pay the said amount to the claimants as the driver of the offending lorry did not have valid and effective driving license at the time of accident. The appellant aggrieved by the said judgment and award of the Tribunal, has preferred this appeal.
3. The appellant (owner of the offending vehicle) and respondent Nos.1 and 2 (claimants) after due negotiations of the matter, got their dispute settled amicably with the help of the learned counsels appearing for them and with the intervention of the learned counsel appearing for the insurer of the offending vehicle. Whereunder, appellant (owner of the offending vehicle) has agreed to pay a sum of Rs.4,00,000/- to the claimants towards full and final satisfaction of their claim including the compensation awarded by the Tribunal and claimants have agreed to receive the said amount from the appellant towards full and final satisfaction of their claim including the compensation awarded by the Tribunal.
4. Out of Rs.4,00,000/-, today, appellant has paid a sum of Rs.1,00,000/- to the claimants by cash and claimants having received the same have signed the order sheet of the appeal memo. Further, the appellant has agreed for granting permission to the respondent Nos.1 and 2 (claimants) to withdraw Rs.25,000/- deposited by the appellant in the above appeal towards statutory deposit and appellant has undertaken to pay the balance amount of Rs.2,75,000/- to the claimants on or before 16.02.2018 and it is agreed between the appellant and the claimants that in the event of appellant failing to pay the balance amount of Rs.2,75,000/- on or before 16.02.2018, as undertaken by her, claimants are given liberty to move the Court for re-opening of the case.
Hence, the following:
ORDER a) Appeal stands disposed of as settled between the appellant (owner of the offending vehicle) and respondent Nos.1 and 2 (claimants).
b) Appellant has agreed to pay a sum of Rs.4,00,000/- to the claimants towards full and final satisfaction of the claim of the claimants including the compensation awarded by the Tribunal and Respondent Nos.1 and 2 (claimants) have agreed to receive the said sum of Rs.4,00,000/- from the appellant (owner of the offending vehicle) towards full and final satisfaction of their claim including the compensation awarded by the Tribunal in MVC No.4255/2011.
c) Out of Rs.4,00,000/- today, appellant has paid a sum of Rs.1,00,000/- by cash to the claimants and the claimants having received the same, have signed the order sheet of the appeal memo.
d) Appellant has agreed for granting permission to respondent Nos.1 and 2 (claimants) to withdraw Rs.25,000/- deposited by the appellant in the above appeal, towards statutory deposit.
e) Appellant has undertaken to pay the balance amount of Rs.2,75,000/-(Two Lakhs Seventy Five Thousand Only), to the respondent Nos.1 and 2 (claimants) on or before 16.02.2018 and in the event of appellant failing to pay the balance amount of Rs.2,75,000/- to the respondent Nos.1 and 2 (claimants) on or before 16.02.2018, liberty is granted to the respondent Nos.1 and 2 to move the Court for reopening of the appeal.
f) The Registry is directed to refund a sum of Rs.25,000/- deposited by the appellant in the above appeal towards statutory deposit in favour of respondent Nos.1 and 2 by issuing cheque in the name of respondent No.1 viz., Smt. Manjula.
g) The appellant shall file an undertaking by way of affidavit incorporating the above terms within three weeks from the date of receiving a copy of this order after serving a copy of the same on the learned counsel for the Respondents 1 and 2.
The co-operation extended by Sri. A.M. Venkatesh, learned counsel appearing for respondent-insurer of the offending vehicle in extending co-operation for amicable settlement of the matter is placed on record.
In view of the disposal of main appeal, Cross- objection does not survive for consideration. Hence, MFA Cross-Objection stands rejected.
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