IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S.G.PANDIT M.F.A.NO.9919 OF 2013 (MV) c/w M.F.A.NO.296 OF 2014 IN MFA.NO.9919/2013 BETWEEN:
SRI. G.V. NAGARAJU, S/O. SRI. G. VASUDEVAMURTHY, AGED ABOUT 53 YEARS, R/A. 1284, HOSPITAL ROAD, NEHRUNAGARA, MANDYA CITY ... APPELLANT (BY SMT. N. SHARADHA, ADVOCATE) AND:
1. SRI. PREM KUMAR, S/O. SRI. MADEGOWDA, AGED ABOUT 30 YEARS, R/O. P. HALLI VILLAGE, SRIRANGAPATNA TALUK, MANDYA DISTRICT.
PIN CODE – 571438.
2. SRI. SHABEER PASHA, S/O. SRI. ABDUL SAIR SAB, 52 YEARS, R/O. 4TH CROSS, GUTTAL, BEHIND JAYALAKSHMI TALKIES, MANDYA CITY.
PIN CODE – 571401.
3. SRI. KARIYAPPA, S/O. SRI. SUBBAIAH AGED ABOUT 42 YEARS, 4. SMT. BHAGYA @ BHAGYAMMA, W/O. SRI. KARIYAPPA, AGED ABOUT 35 YEARS, RESPONDENT NOS.3 AND 4 BOTH RESIDENTS OF DODDAYAGATI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT. PIN CODE – 571432.
... RESPONDENTS (BY SRI. M.Y.SREENIVASAN, ADVOCATE FOR C/R3 & R4 SRI. K.R.RAVICHANDRA, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 4/3/2014) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2013 PASSED IN MVC NO.99/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, NAGAMANGALA, AWARDING COMPENSATION OF RS.3,00,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION.
IN MFA.NO.296/2014 BETWEEN:
1. KARIYAPPA S/O SUBBAIAH, AGED ABOUT 43 YEARS, 2. BHAGYA @ BHAGYAMMA, W/O. KARIYAPPA, AGED ABOUT 36 YEARS, BOTH ARE R/O DODDAYAGATI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT.
(BY SRI. M.Y.SREENIVASAN, ADVOCATE) AND:
1. PREM KUMAR S/O MADEGOWDA, AGED ABOUT 37 YEARS, R/O. P. HALLI VILLAGE, SRIRANGAPATNA TQ, MANDYA DISTRICT-571429.
2. G.V.NAGARAJU, S/O G.VASUDEVAMURTHY, NO.1284, HOSPITAL ROAD, ... APPELLANTS NEHRUNAGAR, MANDYA CITY-571401.
3. SHABEER PASHA, S/O. ABDUL SAIR SAB, R/O. 4TH CROSS, GUTTAL, BEHIND JAYALAKSHMI TALKIES, MANDYA CITY-571403.
... RESPONDENTS (BY SMT. N. SHARADHA, ADVOCATE FOR R2 NOTICE TO R1 IS D/W V/O DATED 15/3/2017 APPEAL AGAINST R3 IS DISMISSED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.07.2013 PASSED IN MVC NO.99/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, NAGAMANGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFAs COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT The joint memo dated 14-11-2019 is filed and signed by the appellant as well as by respondent Nos.3 & 4- claimants, parents of the deceased. The joint memo is also singed by the learned counsel for the appellant as well as by the learned counsel for respondent Nos.3 & 4. Joint memo reads as follows:
“The appellant and the respondents No.3 and 4 in the above case who are the contesting parties to the appeal have arrived at a settlement with the intervention of the well wishers and the appellant herein has today paid a sum of Rs.5,25,000/- to the respondents by way of DD bearing No.231783 dated 12-11-2019 drawn on the Karnataka Bank limited, mandya branch for a sum of Rs.5,00,000/- in favour of the 3rd respondent herein who is none other than the husband of the 4th respondent herein and the father of the deceased child savitha, in full and final settlement of their claim and the statutory deposit of Rs.25,000/- in the above appeal shall be released in favour of the 3 and 4th respondents herein towards the balance amount of Rs.25,000/- in the interest of justice and equity.”
2. The joint memo states that the matter is settled between the parties for a sum of Rs.5,25,000/- to be paid by the appellant as compensation to respondent Nos.3 & 4. Learned counsel for respondent Nos.3 & 4 submits that he is in receipt of DD bearing No.231783 dated 12-11-2019 for a sum of Rs.5,00,000/-. It is also submitted that Rs.25,000/- is in deposit before this Court, which could be released in favour of respondent No.3.
Accordingly, the appeal is disposed off in terms of the joint memo. An amount of Rs.25,000/- in deposit be transmitted to the concerned Tribunal for withdrawal by respondent No.3.
In view of disposal of MFA.No.9919/2013, MFA.No.296/2014 would not survive for consideration.
Sd/- JUDGE SMJ