Indrajeet Dhondiram Patil vs Shashikant Parashuram Varale
2023 Latest Caselaw 341 Kant

Citation : 2023 Latest Caselaw 341 Kant
Judgement Date : 5 January, 2023

Karnataka High Court

Indrajeet Dhondiram Patil vs Shashikant Parashuram Varale on 5 January, 2023

Bench: Ravi V.Hosmani

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                                  MFA No. 102148 of 2017


           IN THE HIGH COURT OF KARNATAKA,
                    DHARWAD BENCH


       DATED THIS THE 05TH DAY OF JANUARY, 2023

                        BEFORE

        THE HON'BLE MR JUSTICE RAVI V.HOSMANI

MISCELLANEOUS FIRST APPEAL NO.102148 OF 2017 (MV-D)

BETWEEN:

INDRAJEET DHONDIRAM PATIL
AGE:28 YEARS, OCC:AGRICULTURE
R/O:SAUNDALAGA, TQ:CHIKODI
DIST:BELAGAVI-591237.
                                            ...APPELLANT

(BY SHRI VITTHAL S. TELI, ADVOCATE)

AND:

1.   SHASHIKANT PARASHURAM VARALE
     AGE:44 YEARS, OCC:AGRICULTURE & COOLIE
     R/O:BENADI, TAL:CHIKODI, BELAGAVI-591211.

2.   BALU BAJARANG SANKAPAL
     AGE:37 YEARS, OCC:AGRICULTURE
     R/O:H NO 248, LAST BUS STOP
     KANDALGAON, DIST:KOLHAPUR
     KARAVEER-416013.
                                         ...RESPONDENTS

(BY SHRI SHIVARAJ S.BALLOLI &
SHRI RAMESH I ZIRALI, ADVOCATES FOR R1;
SHIR MRUTYUNJAY R. YARAGAMBLIMATH, ADVOCATE
FOR R1 (N.O.C);
SERVICE OF NOTICE TO R2-SERVED)
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                                     MFA No. 102148 of 2017


     THIS MISC .FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MOTOR VEHIC LES ACT, 1988,
PRAYING TO SET-ASIDE THE JUDGMENT AND AWARD
DATED 30.12.2016 IN MVC NO.1846/2015 BY THE VII
ADDL. DISTRICT AND SESSIIONS JUDGE, BELAGAVI
SITTING AT CH IKODI, IN THE INTEREST OF JUSTICE
AND EQUITY.

     THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            ORDER

Challenging judgment and award dated 30.12.2016

passed by learned VII Additional District and Sessions

Judge, Belagavi, sitting at Chikodi (for short, 'tribunal') in

MVC No.1846/2015, this appeal is filed by rider of

motorcycle.

2. It is submitted that there is settlement of entire

claim of respondent no.1/claimant and appellant herein.

Therefore, presence of respondent no.2/owner of offending

vehicle is not necessary.

3. Learned counsel for appellant and respondents

have today filed a compromise petition signed by all

parties and their respective counsel and submitted that

parties have settled their dispute. Parties are present

MFA No. 102148 of 2017

before Court and are identified by their respective counsel.

I have perused terms of settlement which are as follows;

"Herein the joint compromise petition on behalf of the appellant/rider of vehicle and respondent No 1/claimant is as under;

1. That the respondent No 1 herein filed MVC No 1846/2015 by the VII Addl. District and Sessions Judge, Belagavi sitting at Chikodi seeking compensation for death of his son Yogesh on 12/05/2014.

2. That the VII Addl. District and Sessions Judge, Belagavi sitting at Chikodi by its judgment and award dated 30/12/2016 in MVC No 1846/2015 granted compensation of Rs 3,44,000/- with interest at 9% from the date of petition till realization.

3. That the appellant being aggrieved by the judgment and award dated 30/12/2016 in MVC No 1846/2015 preferred above appeal and appellant and respondent No 1 as per advise of elder of the village and family members have decided to settled the dispute amicably compromised/settled dispute with each other as under

a. That the appellant has agreed and undertook pay sum of Rs.1,25,000/- towards full and final settlement.

b. That the respondent No 1 has agreed to receive the Rs.1,25,000/- towards full and final settlement and respondent No 1 submits that he has no any other further claim as

MFA No. 102148 of 2017

against the appellant as well as respondent No 2/owner of the vehicle.

c. That the appellant has deposited Rs 25,000/- before this Hon'ble Court while presenting the appeal and said amount may kindly be transferred/released infavour of the respondent no 1.

d. That the appellant today before this Hon'ble Court by way of DD bearing No.020004 dated 02/01/2023 drawn on IDBI Bank, Nippani, Tal; Chikodi, Dist; Belagavi for sum of Rs.1,00,000/-.

4. That the appellant and respondent No 1 that they have entered into compromise voluntarily and out of their free will as per advice of the elders.

5. That the appellant and respondent No 1 that the compromised is arrived without any force, coercion, misrepresentation and out free consent and as per advice of elders of village."

4. On interaction, parties have stated that

compromise petition has been read over and explained to

them in Kannada language known to them. After

understanding the terms, they accepted same and that

compromise has been entered into voluntarily without any

force, undue influence or coercion.

MFA No. 102148 of 2017

5. In terms of compromise, demand draft for

Rs.1,00,000/- is handover to respondent no.1/claimant

and appellant agrees for release of statutory deposit of

Rs.25,000/- with interest to respondent no.1/claimant

towards full and final settlement as per compromise.