Karnataka High Court
Prakash Malanaik Naikar vs Chaitra W/O Basavaraj Pattihal on 23 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9345-DB
MFA No.100220 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.100220 OF 2016 (MV-D)
BETWEEN:
SHRI. PRAKASH MALANAIK NAIKAR,
AGE: 49 YEARS,
OCC: AGRICULTURE,
R/O: YARAGANAVI,
TQ: SAUNDATTI,
DIST: BELGAUM.
...APPELLANT
JAGADISH T R
HIGH COURT
(BY SRI.S.C.BHUTI, ADVOCATE)
OF
KARNATAKA
2023.08.24
12:50:28 AND:
+0530
1. SMT. CHAITRA
W/O. BASAVARAJ PATTIHAL,
AGE: 33 YEARS,
OCC: HOUSEWIFE,
R/O: INCHAL,
TQ: SAUNDATTI,
DIST: BELGAUM.
2. KUMARI. BHAGYASHRI
D/O. BASAVARAJ PATTIHAL,
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NC: 2023:KHC-D:9345-DB
MFA No.100220 of 2016
AGED ABOUT: 15 YEARS,
3. KUMAR. SHIVANAND
S/O. BASAVARAJ PATTIHAL,
AGED ABOUT: 11 YEARS,
(SINCE PETITIONERS NO.2 AND 3
ARE MINORS RPTD BY NATURAL MOTHER
SMT.CHAITRA
W/O. BASAVARAJ PATTIHAL)
4. SHRI. MAHABALESHWAR
S/O. MALLAPPA PATTIHAL,
AGE: 68 YEARS, OCC: NIL,
R/O: INCHAL,
TQ: SAUNDATTI,
DIST: BELGAUM.
5. SMT. SHEKHAWWA
W/O. MAHABALESHWAR PATTIHAL,
AGE: 63 YEARS,
OCC: HOUSEWIFE,
R/O: INCHAL,
TQ: SAUNDATTI,
DIST: BELGAUM.
...RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADVOCATE FOR R1 TO R5)
(R2 AND R3 ARE MINORS REP. BY R1)
THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST
JUDGMENT AND AWARD DATED 21.08.2015, PASSED IN MVC
NO.290/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL,
BAILHONGAL, AWARDING TOTAL COMPENSATION OF
RS.56,26,608/- WITH INTEREST AT THE RATE OF 6% P.A.
FROM THE DATE OF PETITION TILL DEPOSIT.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR, J., PASSED THE FOLLOWING:
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NC: 2023:KHC-D:9345-DB
MFA No.100220 of 2016
ORDER
The Memo, dated 21.08.2023, for disposal of the
appeal, signed by the appellant and the learned counsel
stating that the matter has been amicably settled has
been filed. The Memo reads as under:
" The appellant above named respectfully
submits that, the matter involved in this appeal has
been settled out of court by the intervention of the
elders by filing joint memo with signatures by both
the appellant and respondents before the executing
court in E.P. No.102/2023 on the file of Court of the
Hon'ble Sr. Civil Judge & Addl. MACT Bailhongal At:
Bailhongal on 04.08.2023 as EP is closed as fully
satisfied. Certified copy of the order sheet and joint
memo dated 04.08.2023 is produced for kind perusal
of this Hon'ble court. Hence, this Hon'ble Court may
be pleased to dispose of the above appeal and direct
the registry to refund the statutory deposit/amount
to appellant in the interest of justice and equity."
NC: 2023:KHC-D:9345-DB
MFA No.100220 of 2016
2. The appeal is disposed of as settled between
the parties.
Registry to refund the statutory deposit/amount etc.,
to the appellant forthwith without any delay.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
