Karnataka High Court
Smt Madhushree G vs Smt Nagamma on 15 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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NC: 2024:KHC:6549-DB
MFA No. 8437 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO.8437 OF 2022(MV-D)
BETWEEN:
Smt. Madhushree. G,
W/o Gangahanumaiah,
Aged about 39 years,
Residing at No.38,
Yalachaguppe,
Thavarekere,
Bangalore-562 130.
...Appellant
(By Sri. Prereet Jain, Advocate)
AND:
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: High Court of Karnataka
1. Smt. Nagamma
W/o Nagaraju A.G.
Aged about 52 Years
2. Nagaraju A.G.
S/o Giriyappa,
Aged about 57 years
Both are residing at
Adakamaranahalli Village,
Bachenahatti,
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MFA No. 8437 of 2022
Magadi Taluk,
Ramanagar District-562 120.
...Respondents
(By Sri. Niteshkumar Singh, Advocate)
This Miscellaneous First Appeal is filed under Section
173(1) of Motor Vehicles Act, praying to set aside the
impugned judgment and award dated 19.11.2022 in MVC
No.4145/2022 passed by the Motor Accident Claims Tribunal
(SCCH-3) at Bengaluru and this Miscellaneous First Appeal may
be allowed with costs, in the interest of justice and equity and
pass any such order/orders as deems fit in the facts and
circumstances of the case to meet the ends of justice.
This Miscellaneous First Appeal coming on for Admission
through Physical Hearing/Video Conferencing this day,
Ramachandra D. Huddar, J., made the following:
ORDER
Learned counsel for the appellant and learned
counsel for the respondents along with their respective
parties, as identified by their respective learned counsels,
are physically present in the Court.
2. A Compromise Petition dated 14.02.2024 is filed
by the appellant and the respondents under Order XXIII
Rule 3 of Code of Civil Procedure, reporting compromise
between the appellant and respondents. The contents of
the compromise petition reads as under :
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" The Appellant and the Respondents jointly
submit as follows :
1. That the Appellant herein has preferred the
present appeal challenging the Judgment and Award
dated 19-11-2022 passed in MVC 4145/2021 by the
Hon'ble Motor Accident Claims Tribunal (SCCH-3) at
Bengaluru.
2. It is submitted that the Hon'ble MACT was
pleased to allow the Claim Petition filed by the
Respondents and Orders that the Respondents are
entitled for Rs.20,00,000/- as compensation with
interest from the date of the Petition, till the Date of
the Deposit. The Appellant herein preferred the
above appeal challenging the same.
3. It is submitted that due to the intervention
of the elders, Friends and Family, the Appellant and
the Respondents herein have agreed to settle the
matter as per the terms arrived amongst
themselves.
4. The Appellant herein has agreed to pay a
sum of Rs.16,00,000/- (Rupees Sixteen Lakhs only)
as a full and final settlement of the above appeal and
the Claim Petition out of which the present appeal
arises out of.
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5. The Appellant herein has agreed to pay the
said amount of Rs.16,00,000/- to the Respondents
through a Demand Draft, which is agreed upon by
the parties to be handed over in Open Court on the
day of matter for Compromise.
6. The Appellant herein has agreed to withdraw
this appeal on payment of the aforementioned
amount as a full and final Settlement in the matter
and the Respondents herein have also agreed that on
receipt of the same, they shall not further claim any
amount nor shall seek for the enhancement of the
compensation and on the aforementioned terms, the
Appellant and Respondents have agreed upon to put
an end to the litigation.
7. It is submitted that the Full Court fee and
the Statutory Deposit of Rs.25,000/- may kindly be
refunded and it is agreed upon by the parties that
the same be refunded in favour of Appellant and the
Respondents shall not claim it.
WHEREFORE, it is prayed that this Hon'ble
Court may kindly be pleased to allow this
Compromise Petition as per the terms agreed upon in
the Compromise Petition and this appeal may kindly
be Disposed in terms of this Compromise Petition
and set aside the judgment and award passed by the
learned MACT (SCCH-3) Bengaluru in MVC
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4145/2021 dated 19/11/2022, as the entire claim
has been settled in the interest of justice and
equity."
3. The contents of the Compromise Petition are read
over and explained to the appellant and respondents in
Kannada language known to them. They admit the
contents of the same.
4. In view of the compromise entered into between
the parties, the Appeal stands disposed of in terms of
the Compromise Petition.
5. The appellant has handed over Demand Draft
bearing No.278311, dated 14.02.2024, for an amount of
`8 lakhs and Demand Draft bearing No.278310, dated
14.02.2024, for an amount of `8 lakhs, both drawn on
Canara Bank, Tavarekere Branch, Bengaluru, in favour of
respondent Nos.1 and 2 respectively, towards full and final
settlement of the amount mentioned in the Compromise
Petition.
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Draw the award in terms of the Compromise Petition.
The copies of Aadhar cards of the appellant and
respondents shall be kept in the records for reference.
Sd/-
JUDGE
Sd/-
JUDGE
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