IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.5011/2013 (MV) BETWEEN:
N.C. MUNIYAPPA S/O NARAYANA GOWDA DEAD BY HIS LR SMT. SHOBHA C W/O CHANDRASHEKARAIAH D/O LATE N.C. MUNIYAPPA AGED ABOUT 59 YEARS R/AT #908, 3RD STAGE, 1ST BLOCK, WEST OF CHORD ROAD BASAVESHWARANAGARA BANGALORE-560079.
...APPELLANT (BY SRI.K B K SWAMY, ADV.) AND:
1. B S BASAVARAJ @ BASAVARAJAPPA S/O SATHYAPPA AGED ABOUT 42 YEARS R/OF HEGGANAHALLI VILLAGE NEAR GOVT. HOSPITAL 1ST CROSS, NEAR PRAKRUTHI SCHOOL 3RD HOUSE, VISHWANEEDAM HOUSE BANGALORE-560091.
2. RAJESH @ RAJU S/O LATE REVANNA AGED ABOUT 38 YEARS R/A HUCHAPPA BUILDING MUTHURAJASWAMY TEMPLE BACK SIDE MAGADI ROAD SUNKADAKATTE BANGALORE-560091.
…RESPONDENTS (BY SRI.MANJU ARADHYA, ADV. FOR SRI.CUCKOO DELHI, ADV. FOR R1) THIS M.F.A. FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2013 PASSED IN MVC NO.3949/2010 ON THE FILE OF THE 7TH ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER MACT-3, BANGALORE, AWARDING A COMPENSATION OF RS.91,345/- WITH INTEREST @ 8% P.A. FORM THE DATE OF PETITION TILL REALIZATION.
THIS M.F.A. COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T This is the owner’s appeal challenging the liability saddled under the judgment and award dated 03.04.2013 in MVC No.3949/2010 on the file of the Motor Accident Claims Tribunal, Bangalore, wherein the claimant was awarded compensation of Rs.91,345/- with interest at the rate of 8% p.a., from the date of petition till realization. The appellant/respondent No.1 was directed to deposit the compensation amount.
2. The joint memo dated 11.12.2019 is filed settling the matter between the parties. The joint memo reads as follows:
”The parties herein have agreed to settle the above matter in the following terms and conditions:
1. During the pendency of the above matter, the appellant has deposited an amount of Rs.25,000/- through Bankers Cheque on 21.05.2013. Further, on 19.09.2013, an amount of Rs.90,000/- was deposited by way of Demand Draft. Totally an amount of Rs.1,15,000/- (One Lakh Fifteen Thousand only) has been deposited.
2. Both the contesting parties have amicably settled the matter. In view of the settlement and mutual discussion the appellant has agreed to release an amount of Rs.1,00,000/- (One Lakh only) in favour of the respondent No.1. During the pendency of the above appeal the appellant has died. Hence, his Legal representative Smt.Shobha C. W/o. B.M. Chandrashekaraiah has filed the application for impleading on behalf of the appellant. The balance amount of Rs.15,000/- (Fifteen Thousand only) may kindly be returned to the Appellant.
3. Both the parties have agreed that this will be the full and final settlement in respect of the claim arising out of MVC No.3949/2010, on the file of MACT-3, Bengaluru. In view of the above terms and conditions the appeal may kindly be disposed, in the interest of justice.”
3. The memo is duly signed by the appellant and learned counsel for the appellant and respondents. Learned counsel for the respondents submit that the respondents have accepted the offer made by the appellant. Accordingly, the appeal is disposed of in terms of the joint memo.
4. It is stated that a sum of Rs.1,15,000/- is in deposit before this Court. As agreed by both the counsels, a sum of Rs.1,00,000/- be released in favour of respondent No.1/Sri.B.S.Basavaraj and a sum of Rs.15,000/- be released in favour of the appellant herein Smt.Shobha C, who is daughter of N.C.Muniappa the appellant, on being satisfied with the identification of the parties.
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