IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE MISCELLANEOUS FIRST APPEAL No.7740 of 2017 (MV-D) c/w MFA Crob.37 of 2018 (MV-D) IN MFA No.7740/2017 BETWEEN:
THE SRIRAM GENERAL INSURANCE CO. LTD., SS-5, MONARCH CHAMBER, 3RD FLOOR, INFANTRY ROAD, SHIVAJI NAGAR, BANGALORE - 560 002.
BY SRIRAM GENERAL INSURANCE CO. LTD., No.3/5, S.V. ARCADE, BILEKALLI MAIN ROAD, OFF BANNERGHATTA ROAD, BANGALORE – 560 076.
BY IT’S MANAGER.
(BY SRI O. MAHESH, ADVOCATE) AND:
1. PADMAVATHI @ P. PADMAVATHI, AGED ABOUT 51 YEARS, 2. RAMYA, AGED ABOUT 23 YEARS, ... APPELLANT 3. RAKSHA, AGED ABOUT 20 YEARS, RESPONDENT No.1 IS WIFE & 2 AND 3 ARE THE CHILDREN OF LATE RAMADAS BHAT @ P. RAMADAS @ RAMADAS UPADHYAYA @ RAMADAS P., RESIDING AT No.1-198, PODAMALE HOUSE, BANTAKAL, SHIRVA VILLAGE, UDUPI TALUK AND DISTRICT – 576 101.
4. ABDUL SAMAD KHAN, S/O CHAND KHAN, MAJOR, RESIDING AT NEAR URDU SCHOOL, THENK YERNAL, YERMAL POST, UDUPI TALUK AND DISTRICT – 576 101.
... RESPONDENTS (BY SRI K. SHASHIKANTH PRASAD, ADVOCATE FOR R1-3; R4 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 24.07.2017 PASSED IN MVC No.547 of 2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF Rs.22,59,300/- WITH INTEREST @ 9% PER ANNUM FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA Crob.37/2018 BETWEEN:
1. MRS. PADMAVATHI @ P. PADMAVATHI, AGED ABOUT 52 YEARS, 2. MISS RAMYA, AGED ABOUT 24 YEARS, 3. MISS RAKSHA, AGED ABOUT 21 YEARS, No.1 IS THE WIFE AND No.2 AND 3 ARE THE CHILDREN OF LATE RAMADAS BHAT @ P. RAMDAS @ RAMADAS UPADHYAYA @ RAMADAS P.
ALL ARE RESIDING AT No.1-198, PODMALE HOUSE, BANTAKAL, SHIRVA – 574 116. UDUPI TALUK AND DISTRICT.
... CROSS-OBJECTORS (BY SRI K. SHASHIKANTH PRASAD, ADVOCATE) AND:
1. THE SRIRAM GENERAL INSURANCE CO. LTD., REPRESENTED BY ITS MANAGER, SS-5, MONARCH CHAMBER, 3RD FLOOR, INFANTRY ROAD, SHIVAJINAGAR, BENGALURU – 560 001.
2. MR. ABDUL SAMAD KHAN, S/O MR. CHAND KHAN, NEAR URDU SCHOOL, THENK YERMAL, POST: YERMAL – 574 119, UDUPI TALUK.
3. MR. VENKATA SUBRAYA BHAT S/O MR. NARSIMHA BHAT, 1-198, PODMALE HOUSE, BANTAKAL, SHIRVA – 574 116, UDUPI TALUK.
... RESPONDENTS (BY SRI NAGARAJA HEGDE, ADVOCATE FOR R2; SRI O. MAHESH, ADVOCATE FOR R1;
R3-SERVED) THIS MFA Crob. IS FILED UDER ORDER XLI RULE 22 OF THE CODE OF CIVIL PROCEDURE, 1908, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 224.07.2017 PASSED IN M.V.C.No:547 of 2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, ONLY IN SO FAR AS IT DIS-ALLOWS COMPENSATION AS CLAIMED BY THE CROSS OBJECTOR AND THE CLAIM PETITION BE ALLOWED AS PRAYED FOR AND CROSS OBJECTION BE ALLOWED WITH COST, AND DISMISS THE APPEAL FILED BY THE FIRST RESPONDENT (M.F.A. No.7740/2017) IN THE INTEREST OF JUSTICE.
MISCELLANEOUS FIRST APPEAL CONNECTED WITH MFA Crob. COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
ORDER Sri O Mahesh, learned counsel for the petitioner and Sri K. Shashikanth Prasad, learned counsel for respondent Nos.1 to 3 in MFA No.7740/2017. Respondent No.4 though served remained unrepresented.
Sri K.Shashikanth Prasad, learned counsel for the petitioner; Sri O.Mahesh, learned counsel for respondent No.1 and Sri Nagaraja Hegde, learned counsel for respondent No.2 in MFA Crob.37/2018. Respondent No.3 though served remained unrepresented.
2. Learned counsel for the parties jointly submit by filing a memo that the dispute between the parties has been amicably settled and the appeal and the cross-
objection is settled for a sum of Rs.23,60,000/- as full and final settlement, which is to be paid by the appellant in MFA No.7740/2017 to the claimants.
3. In view of the aforesaid submission, the appeal as well as the cross-objection are disposed of.
The amount which has been deposited before this Court shall be transferred to the MACT immediately.
Let the record of the Tribunal be sent forthwith in terms of the memorandum of settlement, which has been produced before this Court and taken on record.
Sd/- JUDGE mv