Karnataka High Court

Abdul Latheef vs Anand K on 15 March, 2022

Bench: Pradeep Singh Yerur

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF MARCH, 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR


             MFA NO.740 OF 2019(MV-I)
                       C/W
             MFA NO.2385 OF 2019(MV-I)


IN MFA NO.740 OF 2019

BETWEEN:

ABDUL LATHEEF S/O ABDUL RAHIMAN
AGED ABOUT 25 YEARS
R/AT: BAYAMBU HOUSE
SULLIA TALUK
D.K. DISTRICT-573 231
                                            ... APPELLANT

(BY SRI. SAGAR .N, ADVOCATE FOR
   SRI. LETHIF .B, ADVOCATE)

AND:


1.     ANANDA .K S/O KRISHNAPPA NAIK
       AGED ABOUT 52 YEARS
       R/AT:D.NO.76/20, SHIVASADANA HOUSE
       ASHRAYA COLONY, SULLIA
       KASABA VILLAGE, SULLIA TALUK
       D.K. DISTRICT-573 231

2.     NATIONAL INSURANCE COMPANY LIMITED
       SRI KSHETRA DHARMASTHALA
       BUILDING MAIN ROAD
                           2




     PUTTUR, D.K. DISTRICT-573 231
                                       ...RESPONDENTS

(BY SRI. VISHWANATHA POOJARY .K, ADVOCATE
   FOR R1, SRI. K. SRIDHARA, ADVOCATE FOR R2)

      THIS MFA FILED UNDER SECTION 173(1) OF MVC ACT
AGAINST THE JUDGMENT AND AWARD DATED:27.08.2018
PASSED IN MVC NO.577/2017 ON THE FILE FO THE SENIOR
CIVIL   JUDGE   &   JMFC,  SULLIA,  D.K.,  AWARDING
COMPENSATION OF RS.2,09,723/- ALONG WITH INTEREST AT
6% P.A., FROM THE DATE FO PETITION TILL THE DATE OF
REALIZATION.

IN MFA NO.2385 OF 2019

BETWEEN:

ANANDA .K S/O KRISHNAPPA NAIKA
NOW AGED 52 YEARS
R/AT:D.NO.76/20, SHIVASADANA HOUSE
ASHRAYA COLONY, BETTAMPADY
SULLIA KASABA VILLAGE, SULLIA TALUK
DAKSHINA KANNADA DISTRICT-574 239
                                          ... APPELLANT

(BY SRI. VISHWANATHA POOJARY .K, ADVOCATE)


AND:


1.   ABDUL LATHEEF S/O ABDUL RAHIMAN
     AGED ABOUT 25 YEARS
     R/AT: BAYAMBU HOUSE
     SULLIA TALUK
     DAKSHINA KANNADA DISTRICT-574 239

2.   THE MANAGER
     NATIOINAL INSURANCE COMPANY LIMITED
     SRI KSHETHRA DHARMASTHALA BUILDING
     MAIN ROAD PUTTUR
                             3




     DAKSHINA KANNADA DISTRICT-574 201
                                          ...RESPONDENTS

     (BY SRI. K. SRIDHARA, ADVOCATE FOR R2)

      THIS MFA FILED UNDER SECTION 173(1) OF MVC ACT
AGAINST THE JUDGMENT AND AWARD DATED:27.08.2018
PASSED IN MVC NO.577/2017 ON THE FILE FO THE SENIOR
CIVIL JUDGE & JMFC, SULLIA, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

    THESE MFAs COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

MFA.No.740/2019 is preferred by the owner of the

offending vehicle seeking to set aside the judgment and

award passed in MVC.No.577/2018, by the Senior Civil

Judge & JMFC, Sulia. He has stated that the accident

occurred on 06/05/2016 at about 6.15 a.m., when the

claimant was proceeding on his motorcycle bearing

registration No.KA-21/Q-5088 towards Srirampet from

Vivekananda Circle, while passing through NGO house,

Sullia Kasaba Village, Sullia Taluk D.K., suddenly a Bajaj

Pulsar 150 CC bike bearing registration No.KA-21/V-5339

rode with a high speed in a rash and negligent manner

by its rider, dashed against the claimant's motorcycle.

Due to which the claimant sustained grievous injuries. In

view of the injuries sustained to the person and body,

the claimant filed the claim petition seeking

compensation.

2. After hearing the parties and after providing

fair opportunity, the Tribunal passed the award granting

compensation of Rs.2,09,723/- with interest at 6% per

annum. Aggrieved by the said judgment and award of

compensation in favour of the claimant, respondent

No.1/owner of the offending vehicle is in appeal before

this Court challenging the impugned judgment and

award, inter alia, on various grounds.

3. The connected appeal, MFA.No.2385/2019, is

preferred by the claimant seeking enhancement of

compensation being dissatisfied with the meager amount

of compensation awarded by the Tribunal. Hence, both

the matters are listed today (15/03/2022).

4. Both the learned counsel are present before

the Court physically. Both the parties namely, owner of

the offending vehicle Sri Abdul Latheef and claimant Sri

Ananda K. are present through video conference and

they have been identified by their respective counsel who

are on record.

5. The parties to the proceedings filed a

compromise petition under Order 23 Rule 3 of the Code

of Civil Procedure, 1908 seeking settlement of these

matters by way of compromise. The accident involved in

these appeals is not in dispute. Accordingly, the parties

have decided to settle the matters. Hence, this

compromise petition.

6. The compromise petition is signed by both the

parties as well as their respective counsel on record. The

terms and conditions stipulated in the compromise

petition read as under:

"2. The claim petition filed before Motor Accident Claims Tribunal and Senior Civil judge, Sullia, Dakshina Kannada in M.V.C No.577/2017 has been allowed in part and passed a compensation of Rs.2,09,723/- @ 6% p.a

and directed the Appellant to pay the compensation amount to the Respondent No.1 the Respondent No.2 in the above Appeal is only a formal party.

3. The Appellant being the owner of the offend vehicle has challenge the Judgment and Award in this Appeal by depositing the statutory deposit of Rs.25,000/- before this Hon'ble Court.

4. The 1st Respondent filed a Petition for Execution before the Tribunal in Ex.No.15/2018. This Hon'ble Court while hearing on Application for stay of Judgment and Award has directed the appellant to deposit the 50% of the Award Amount inclusive of statutory Deposit and also the interest accrued with a period of 6 weeks from the date of receipt of the over vide order dated 14.02.2019.

5. The Appellant has been deposited Rs.80,200/- before the Tribunal on 29.03.2018, during the pendency of the Execution petition but presently the Execution Petition has been disposed off with liberty to the revive the fresh execution petition after the disposal of the MFA.740/2019 before this Hon'ble High Court if need arise. Now the parties have settled their dispute amicably with the intervention of the well wishers and other family members the appellant settled the amount payable to the respondent has full and final settlement as for Rs.2,30,200/- and paid additional amount to the Respondent No.1 on following dates.

a) 06/11/2019 cash of Rs.55,000/-

b) 19/09/2020 cash of Rs.20,000/-

c) 24/02/2021 cash of Rs.10,000/-

d) 31/07/2021 cash of Rs.10,000/- and

e) 08/09/2021 cash of Rs.30,000/-

Total Rs.1,25,000/-

In total Respondent No.1 had received Rs.1,25,000/- from the Appellant and remaining amount of Rs.80,200/- which has been deposited before the tribunal interms of the interim of this Hon'ble Court and amount of Rs.25,000/- has to be payable to the Respondent No.1 which has been deposited before this Hon'ble Court by the Appellant as Statutory deposit and this Hon'ble Court may be pleased to direct the tribunal to

release the amount of Rs.80,200/- and Registry to refund the statutory deposit of Rs.25,000/- to the Respondent No.1.

6. The Respondent No.1 also preferred an appeal for enhancement of compensation in M.F.A No.2385/2019. Now, the Respondent agree to withdraw the above appeal in M.F.A No.2385/2019 and the subject matter of the dispute already settled between the parties."

The terms and conditions stipulated in the

compromise petition which have been put into writing on

the instructions of the parties to the proceedings are not

disputed and they are accepted and it is submitted that

there is no force, coercion or undue influence in

preferring the compromise petition to either of the

parties. It is admitted by the claimant that he has

received cash of Rs.1,25,000/- on various dates as stated

in paragraph No.5 of the compromise petition and it is

stated by the learned counsel for the owner of the

offending vehicle that a sum of Rs.80,200/- along with

Rs.25,000/- has been deposited before the Tribunal