IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.8124 OF 2017 (MV) BETWEEN:
SMT. PUTTATHAYAMMA AGED ABOUT 73 YEARS, W/O. LATE CHANDRASHEKARAIAH, RESIDENT OF SAMPAIAHNA BAVI BEED, CHIKKANAYAKANAHALLI TOWN & TALUK, TUMAKUR.
(BY SRI D.V. CHANDRASHEKARA, ADV.
... APPELLANT AND:
1. SRI D. M. MAHESH AGED ABOUT 44 YEARS, S/O. LATE MYLARAIAH.
2. KUMARI MANYATHA M. V. AGED ABOUT 10 YEARS, D/O. D. M. MAHESH, BEING MINOR, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN, D. M. MAHESH.
RESPONDENT NOS.1 AND 2 ARE RESIDENT OF DODDAGUNI VILLAGE, GUBBI TALUK, TUMKUR DISTRICT.
3. SRI B. MAHALINGAIAH AGED ABOUT 61 YEARS, S/O. BHEEMAIAH, HEAD MASTER, GHPS NAVILE, KASABA HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT.
4. SRI C. K. RAJASHEKAR AGED ABOUT 39 YEARS, S/O, KRISHNAPPA, RESIDENT OF JOGIHALLI ROAD, SOUTH EXTENSION, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT.
5. UNITED INDIA INSURANCE COMPANY P. B. NO.81, RAGHAVENDRA COLONY, OPP, GOVT. GIRLS HIGH SCHOOL, B. H. ROAD, TIPTUR, TUMKUR DISTRICT, REPRESENTED BY ITS BRANCH MANAGER.
... RESPONDENTS (BY SRI PATEL D. KAREGOWDA, ADV. FOR R-1 & 2;
SRI K.S. RAMASWAMY IYENGAR, ADV. FOR R-3 & 4) * * * THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 19-7-2017 PASSED IN M.V.C. NO.547 OF 2011 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. AND XIX M.A.C.T., CHIKKANAYAKANAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
J U D G M E N T The appellant and respondent No.1 are present before the Court.
2. The learned counsel for respondent No.1 submits that respondent No.1 shall pay a sum of Rs.2,00,000/- to the appellant, out of 40% of the award amount with proportionate interest, by way of a Demand Draft, within a period of two weeks’. The learned counsel further submits that respondent No.1 shall deposit the remaining balance in the name of respondent No.2, in any nationalised Bank.
3. The learned counsel for the appellant submits that on deposit of Rs.2,00,000/- by respondent No.1, the appellant would withdraw this appeal.
In view of the submissions made by both the learned counsel for the parties, the appeal stands disposed of. The respondent No.1 is directed to pay Rs.2,00,000/- to the appellant, out of 40% of the award amount with proportionate interest, by way of a Demand Draft, within a period of two weeks’. The remaining amount shall be kept in Fixed Deposit, in any nationalised Bank, in the name of respondent No.2, till she attains the age of majority, and the Bank is directed to release the interest amount only for educational expenses of respondent No.2, that too, on production of bills.
Sd/- JUDGE kvk