IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE N.K. SUDHINDRARAO M.F.A. No.5572 OF 2015 (MV-D) BETWEEN:
SMT. KAVITHA, W/O SURESH, AGED ABOUT 31 YEARS, R/AT NO. 41, CHIKKAGUBBI VILLAGE, DODDAGUBBI POST, BIDARAHALLI HOBLI, BANGALORE NORTH TALUK, BANGALORE. ... APPELLANT (BY SRI. K.S. NARESH, ADVOCATE) AND:
1. SRI. BHIMARAYA, S/O KDAPPA, AGED ABOUT 49 YEARS, 2. RENUKA D/O BHIMARAYA, AGED ABOUT 12 YEARS, BOTH ARE R/AT No.357, HARIHARESHWARA DEVASTHANADA PRADES, THIRUMANAHALLI, SOUTH SIDE ROAD, AGRAHARA, BANGALORE NORTH (APARA) BANGALORE – 560 064.
(RESPONDENT NO.2 IS A MINOR, HENCE REP. BY HER NATURAL GUARDIAN FATHER BHIMARAYA) ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.1.2015 PASSED IN MVC NO.2947/2014 ON THE FILE OF THE 12TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU, AWARDING A COMPENSATION OF RS. 9,33,600/- WITH INTEREST @ 6% P.A. FROM THE DATE OF THE CLAIM PETITION TILL ITS REALIZATION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T The learned counsel for the appellant has filed a memo dated 28.06.2016 and submits that the Execution Case No.951/2015, on the file of the Chief Judge, Court of Small Causes has been settled. The appellant-judgment debtor and the respondents- decree holders have filed a memo dated 16.03.2016 and settled the claim for a sum of Rs.2,60,000/-.
2. The memo is taken on record.
3. Perused the memo. The appeal is disposed of in terms of the memo.
The statutory amount deposited before this Court shall be transmitted to the Tribunal.
In view of the disposal of the main appeal, the pending IA-1/2015, 2/2015 and 3/2015 does not survive for consideration.
Sd/- JUDGE VR