Sri. M. Sanjay Kumar vs K.S. Anush
2022 Latest Caselaw 2768 Kant

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 18TH DAY OF FEBRUARY, 2022

                        PRESENT

   THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

                         AND
 THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

   MISCELLANEOUS FIRST APPEAL NO. 5580/2019(MV)
                       c/w
              MFA CROB. NO. 22/2022

IN MFA NO.5580/2019

BETWEEN :

SRI M.SANJAY KUMAR,
S/O MOAHNARAM JAIN,
AGED 37 YEARS,
RESIDENT OF DOOR NO.2855/D,
MAHAVEERNAGAR,
HALLADAKERI,
MYSORE-570 001.
                                      ...APPELLANT
(BY SHRI.S.J. SANGHVI, ADVOCATE)

AND :

1. K.S. ANUSH,
S/O K.R. SHASHIKUMAR,
AGED 23 YEARS,
REP. BY NEXT FRIEND/
NATURAL GUARDIAN,
K.R. SHASHIKUMAR,
S/O S.RANGEGOWDA,
AGED 52 YEARS.
                             2




RESIDENT OF DOOR NO.581,
2ND CROSS, 2ND MAIN,
K.R.S. ROAD,
HOOTAGALLI,
MYSORE-570 027.
2. SUNIL,
S/O SRINIVASA,
AGED 23 YEARS,
RESIDENT OF DOOR NO. 328,
2ND MAIN, 'D' BLOCK,
3RD STAGE, VIJAYANAGAR,
MYSURU-570 017.

3. GOPALKRISHNA,
S/O SRI NARAYANA SWAMY,
AGED 57 YEARS,
R/AT NO. 119, 'D' BLOCK,
ARAVINDANAGAR,
MYSURU-570 008.
                                       ...RESPONDENTS
(BY SHRI LOKESH D.K. FOR SHRI P.NATARAJU,
ADVOCATE FOR R-1
SHRI B. BOPANNA, ADVOCATE FOR R-2)

      THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 20.04.2019, PASSED IN MVC
NO. 158/2012, ON THE FILE OF THE JUDGE, ADDITIONAL
SMALL CAUSES AND SENIOR CIVIL JUDGE AND MEMBER, MACT,
MYSURU, AWARDING COMPENSATION OF `16,87,000-00 WITH
INTEREST AT 6 PERCENT PER ANNUM FROM THE DATE OF
PETITION TILL THE DATE OF PAYMENT.

IN MFA CROB.NO.22/2022

BETWEEN :
SRI K.S. ANUSH,
S/O K.R. SHASHIKUMAR,
AGED ABOUT 25 YEARS,
R/AT NO. 581, 2ND CROSS,
2ND MAIN, K.R.S. ROAD,
HOOTAGALLI,
MYSURU-570 018.
                                      ...CROSS-OBJECTOR
                             3




(BY SHRI. SHRI LOKESH D.K. FOR
SHRI P.NATARAJU, ADVOCATE)

AND :

1.SRI. SUNIL,
S/O SRINIVASA,
AGED ABOUT 25 YEARS,
RESIDENT OF DOOR NO. 328,
2ND MAIN, 'D' BLOCK,
3RD STAGE, VIJAYANAGAR,
MYSURU-570 017.

2. SRI S.SANJAY KUMAR,
S/O MOHANARAM JAIN,
AGED ABOUT 39 YEARS,
RESIDENT OF DOOR NO.2855/D,
MAHAVIRNAGAR,
HALLADAKERI,
MYSURU-570 001.

3. GOPALKRISHNA,
S/O SRI NARAYANA SWAMY,
AGED ABOUT 59 YEARS,
R/AT NO. 119, 'D' BLOCK,
ARAVINDANAGAR,
MYSURU-570 008.
                                     ...RESPONDENTS

     THIS MFA.CROB IS FILED U/O 41 RULE 22 OF THE CPC,
READ WITH SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 20.04.2019, PASSED IN MVC
NO. 158/2012, ON THE FILE OF THE JUDGE, ADDITIONAL
SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

      MFA & MFA CROB COMING ON FOR ORDERS THIS DAY,
P.S. DINESH KUMAR J, DELIVERED THE FOLLOWING:-
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                       JUDGMENT

Shri Sripal.J.Sanghvi, learned advocate for appellant

submits that the parties have settled the matter before the

learned Claims Tribunal in MVC No.158/2012. He has filed

a memo dated 08.12.2021 praying to dismiss the appeal

as "settled out of Court". It is prayed in the Memo for

refund of a sum of `25,000/- deposited by the appellant.

2. Sri Lokesh, learned Advocate for the claimants

submits that the claimants have filed Cross-objection in

MFA Crob.No.22/2022 in MFA No.5580/2019. In view of

settlement between the parties in MFA No.5580/2019, he

has filed a memo dated 05.10.2021 seeking withdrawal of

said cross-objection-MFA No.22/2022.

3. In view of the above, both the appeal and the

cross-objection are dismissed as withdrawn.

4. Registry shall refund a sum of `25,000/-

deposited by the appellant in MFA No.5580/2019.

Sd/-

JUDGE

Sd/-

JUDGE

mbb