The Head Master Chethana Public ... vs Ayesha Begum @ Ayesha
2023 Latest Caselaw 3328 Kant

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                                                      NC: 2023:KHC:20626
                                                        MFA No. 1285 of 2020




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 15TH DAY OF JUNE, 2023

                                             BEFORE
                               THE HON'BLE MR JUSTICE C M JOSHI
                        MISCELLANEOUS FIRST APPEAL NO. 1285 OF 2020 (MV-D)


                   BETWEEN:

                          THE HEAD MASTER,
                          CHETHANA PUBLIC SCHOOL,
                          THIMMANAHALLI VILLAGE AND POST,
                          SIDLAGHATTA TALUK,
                          CHIKKABALLAPURA DISTRICT.

                                                                 ...APPELLANT
                   (BY SRI. RAGHU R., ADVOCATE)

                   AND:

                   1.     AYESHA BEGUM @ AYESHA,
                          W/O. LATE SYED AYUB @ AYUB PASHA,
Digitally signed          NOW AGED ABOUT 22 YEARS,
by T S
NAGARATHNA
Location: High
Court of           2.     MASTER. SYED ADNAN HUSSAIN,
Karnataka                 S/O. LATE SYED AYUB @ AYUB PASHA,
                          NOW AGED ABOUT 2 YEARS,

                   3.     THAHERA BEGUM @ THAHEERA,
                          W/O. LATE SYED IMTHIYAZ,
                          NOW AGED ABOUT 57 YEARS,
                          APPELLANT NO.2 IS MINOR,
                          REPRESENTED BY HIS MOTHER
                          N/G THE APPELLANT NO.1
                          ALL ARE R/AT NO.198,
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                                      NC: 2023:KHC:20626
                                          MFA No. 1285 of 2020




     NEAR URDU SCHOOL,
     KAIWARA VILLAGE AND POST,
     CHINTHAMANI TALUK,
     CHIKKABALLAPURA DISTRICT.

4.   THE MANAGER,
     M/S IFFCO-TOKIYO GEN INSURANCE CO. LTD.,
     CUSTOMER SERVICE CENTER,
     SRI SHANTHI TOWERS,
     5TH FLOOR, 3RD MAIN,
     NGEF LAYOUT,
     KASTHURINAGAR,
     BANGALORE - 560 043.

                                               ...RESPONDENTS
(BY SRI. GOPAL KRISHNA N., ADVOCATE FOR R1 TO R3;
    SRI. O. MAHESH, ADVOCATE FOR R4;
    (R2 MINOR REPRESENTED BY R1)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.08.2019 PASSED IN MVC
NO.2872/2018 ON THE FILE OF THE IX ADDITIONAL SMALL
CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES,
MEMBER, MACT-7, BENGALURU, (SCCH-7), AWARDING
COMPENSATION OF RS.19,92,854/- WITH INTEREST AT 6%
P.A. FROM THE DATE OF PETITION TILL REALIZATION OF
ENTIRE AMOUNT.

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

Heard the learned counsel appearing for the

appellant and learned counsel appearing for the

NC: 2023:KHC:20626 MFA No. 1285 of 2020

respondents. The appellant as well as the respondent no.1

to 3 are also present before the Court.

2. Learned counsel appearing for respondent no.1

to 3 has filed application under Order XXXII Rule 7(1) of

CPC seeking permission of this court to compromise the

appeal in the better interest of the minor-respondent no.2.

The respondent no.1, is the mother of respondent no.2

and respondent no.3 is the mother-in-law of respondent

no.1. The husband of respondent no.1 had died in an

accident and appellant was fastened with liability to pay

the compensation to the respondent no.1. Now the

parties are inclined to enter into settlement and therefore,

it is submitted that leave of the Court be granted to enter

into the such compromise.

3. It is submitted that there was no insurance

coverage for the vehicle which caused the accident and

therefore, the appellant herein has come forward to settle

the matter by paying a sum of Rs.15,00,000/- as

compensation. It is also submitted that the Tribunal has

awarded a compensation of Rs.15,94,283/- after

NC: 2023:KHC:20626 MFA No. 1285 of 2020

deduction of 20% from the total compensation of

Rs.19,92,854/- towards contributory negligence of the

deceased. Therefore, it is evident that settlement

between the parties to the tune of Rs.15,00,000/- is just,

proper and in the interest of the parties. This Court is

satisfied that compromise is in the interest of the minor-

respondent no.2 also. Counsel for respondent no.2 has

also filed certificate as required under Order XXII Rule 3 of

the CPC. Therefore the application is Allowed and leave is

granted to compromise the matter.

4. Learned counsels for both the sides have also

filed joint compromise petition under Order XXII Rule 3 of

the CPC.

5. The appellant and respondent no.1 to 3 who are

present before this court, acknowledge the contents of the

compromise petition while it is read over to them. By

virtue of the said compromise petition, Rs.15,00,000/- is

to be payable to the respondent no.1 to 3 and respondent

no.1 to 3 wants to retain the apportionment order of the

Tribunal.

NC: 2023:KHC:20626 MFA No. 1285 of 2020

6. Hence, compromise entered into between the

parties is just, proper and correct. As such compromise

petition is Allowed. The Appeal is allowed and disposed off

in terms of the Compromise Petition.

7. The amount which is deposited before this court

is ordered to be transmitted to the Tribunal. The tribunal

records also be transmitted to the Tribunal forthwith along

with copy of the award in the said appeal.

Sd/-

JUDGE

TS