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Smt Sowmya And Others vs M/S Construction Solution Banagalore Pvt Ltd And Others

High Court Of Karnataka|18 December, 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MRS. JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL No.1345 of 2019 (MV) C.W.
MISCELLANEOUS FIRST APPEAL No.594 of 2019 (MV) 1. IN M.F.A. No.1345 of 2019 BETWEEN :
1. SMT.SOWMYA.H.G.
W/O.LATE VASANTHARAJA.B.M.
@ V.RAJU, AGED ABOUT 30 YEARS 2. MASTER.PRAJWAL GOWDA.V. S/O.LATE VASANTHARAJA.B.M. AGED ABOUT 10 YEARS 3. MASTER.JAYANATH GOWDA S/O.LATE VASANTHARAJA.B.M. AGED ABOUT 4 YEARS 4. SRI.MARISWAMI GOWDA @ MARIYAPPA @ MARISWAMY GOWDA S/O.LATE CHIKKAKEMPEGOWDA AGED ABOUT 73 YEARS 5. SMT.BORAMMA W/O.MARISWAMY GOWDA @ MARIAYAPPA @ MARISWAMYGOWDA AGED ABOUT 66 YEARS SINCE APPELLANT NO.2 AND 3 ARE MINOR, REP. BY:- BY NATURAL GUARDIAN MOTHER I.E., APPELLANT NO.1 ALL ARE R/AT NO.11/1, II MAIN III CROSS MYSORE ROAD, AVALAHALLI BANGALORE – 560 026. ... APPELLANTS (BY SRI.H.T.JAGADEESH, ADVOCATE) AND:
1. M/S.CONSTRUCTION SOLUTION (BANAGALORE) PVT. LTD., NO.121, INDUSTRIAL SUBURB PEENYA, 2ND STAGE BANGALORE – 22.
2. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BANAGALORE – 32. ...RESPONDENTS (BY SMT.HARINI.SHIVANANDA, ADVOCATE FOR R-2, V/O DT.18.12.2019, NOTICE TO R-1 DISPENSED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED: 05.10.2018, PASSED IN MVC. NO.3831/2016, ON THE FILE OF THE XXI ACMM., & XXIII ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU (SCCH-25),
2. IN M.F.A. No.594 of 2019 BETWEEN :
THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE, NO.44/45 LEO SHOPPING COMPLEX RESIDENCY ROAD BANGALORE – 560 025. ... APPELLANT (BY SMT.HARINI.SHIVANANDA, ADVOCATE) AND:
1. SOWMYA.H.G., 30 YEARS W/O.LATE VASANTHARAJA.B.M. @ V.RAJU 2. MST.PRAJWAL GOWDA.V., 10 YEARS S/O.LATE VASANTHRAJU.B.M.
3. MST.JAYANTH GOWDA, 4 YEARS D/O.LATE VASANTHRAJU.B.M.
4. MARISWAMI GOWDA @ MARIAPPA @ MARISWAMY GOWDA, 73 YEARS S/O.LATE CHIKKAKEMPEGOWDA 5. SMT.BORAMMA, 66 YEARS W/O.MARISWAMI GOWDA @MARIAPPA @ MARISWAMY GOWDA SINCE PETITIONERS NO.2 & 3 ARE MINOR REPRESENTED BY THEIR MOTHER & NATURAL GUARDIAN, I PETITIONER SMT.SOWMYA.H.G.
ALL ARE RESIDING AT NO.11/1, II MAIN, III CROSS MYSORE ROAD, AVALAHALLI BANGALORE – 26.
ALTERNATIVE ADDRESS PETRS.4 & 5 NO.19, JODI HOSUR VILLAGE, ALAPALLI POST HONAKERE HOBLI, NAGAMANGALA TQ. MANDYA DISTRICT.
6. M/S.CONSTRUCTION SOLUTION (BANGALORE) PVT. LTD: NO.121 INDUSTRIAL SUBURB PEENYA, II STAGE BANGALORE – 22. ...RESPONDENTS (BY SRI.H.T.JAGADEESH, ADVOCATE FOR R-1, R-4 & R-5, (R-2 & R-3 ARE MINORS REP. BY R-1), R-6 SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:05.10.2018 PASSED IN MVC NO.3831/2016 ON THE FILE OF THE XXI ACMM & 23RD ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU (SCCH-25), AWARDING COMPENSATION OF RS.15,82,000/- WITH INTEREST AT 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:
JUDGMENT Learned counsel for the appellants as well as learned counsel for the Insurance Company submit in unison that the dispute in these appeals have been settled amicably before the Lok Adalat. That in view of the settlement before the Lok Adalat, these appeals would not survive for further consideration.
2. Their submission is placed on record.
3. In the circumstances, the appeals are disposed of in terms of the settlement arrived at before the Lok Adalat.
4. In view of disposal of the appeals, pending application is also disposed.
5. The amount in deposit before this Court be transmitted to the concerned Tribunal.
Sd/- JUDGE Sd/- JUDGE MGN
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