Sri. Ramesh vs Smt. Venkatamma Dead By Lrs
2024 Latest Caselaw 128 Kant

Karnataka High Court

Sri. Ramesh vs Smt. Venkatamma Dead By Lrs on 3 January, 2024

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                                                       NC: 2024:KHC:384
                                                    MFA No. 188 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 3RD DAY OF JANUARY, 2024
                                          BEFORE
                        THE HON'BLE MR JUSTICE C.M. POONACHA
                  MISCELLANEOUS FIRST APPEAL NO. 188 OF 2016 (MV-I)
             BETWEEN:

             1.    SRI. RAMESH,
                   S/O NARASIMHAPPA,
                   AGED ABOUT 35 YEARS,
                   NO. 125, CHETIKEREPALYA,
                   JIGANI HOBLI,
                   ANEKAL TALUK 562102,
                   BANGALURU.

                                                            ...APPELLANT
             (BY SRI. HARISH N R.,ADVOCATE)
             AND:

             1.    SMT. VENKATAMMA DEAD BY LRS,
                   SRI RAMESH,
                   S/O LATE PATELLAPPA,
                   AGED ABOUT 37 YEARS,
Digitally
signed by    2.    SMT VENKATAMMA,
BHARATHI S
Location:          D/O LATE PATELLAPPA,
HIGH
COURT OF           AGED ABOUT 37 YEARS,
KARNATAKA
             3.    SRI VENKATESH @ VENKATAPPA
                   S/O LATE PATELLAPPA,
                   AGED ABOUT 32 YEARS

                   RESPONDENTS NOS.1 TO 3 ARE
                   R/O C K PALYA,
                   JIGANI HOBLI,
                   ANEKAL TALUK 562102,
                   BENGALURU.
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                                                     NC: 2024:KHC:384
                                                 MFA No. 188 of 2016




4.   SMT. SOWMYA,
     S/O LATE PATELLAPPA,
     AGED ABOUT 30 YEARS
     R/O # 26, 2ND CROSS,
     GANESH NAGAR,
     VIDYRANYAPUR,
     BENGALURU 560097.

                                                        ...RESPONDENTS
(BY SRI. G MANIVANNAN FOR R1 TO R4 .,ADVOCATE)
      MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT
AND AWARD DATED 02.06.2015 PASSED IN MVC NO.4/2011 ON
THE FILE OF THE SENIOR CIVIL JUDGE, MACT, ANEKAL, AWARDING
COMPENSATION OF Rs.1,11,000/- WITH INTEREST @ 8% P.A. FROM
THE DATE OF PETITION TILL REALIZATION AND ETC,.
     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

Learned counsel for the Appellant and learned counsel

for Respondent Nos.1 to 4 are present

2. Learned counsel for the Appellant has filed a

compromise petition under Order 23 Rule 3 of the Code of Civil

Procedure which states as follows:

"1. The appellant has filed the top noted appeal challenging the judgment and award passed by the learned Senior Civil Judge and Addl. Motor Accident Claims Tribunal at Anekal in MVC.No.04.2011 dated 02.06.2015, wherein the claim petition filed by the mother of the respondent Nos.1 to 4 namely Venkatamma against the appellant herein seeking compensation an account of accidental injuries suffered by her in the road traffic accident dated 30.05.2010. The trial court was please to allow the claim petition by directing the appellant

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herein to pay the compensation of Rs.1,11,000/- (One Lakhs Eleven Thousand Only) along with interest at the rate of 8% per annum from the date of petition till the date of realization.

2. The injured/claimant Venkatamma died on 17.08.2015 i.e. subsequent to passing of the judgment by the trial court. The respondent Nos.1 to 4 herein, who are the children of deceased Venkatamma, filed Execution Petition No.04./2015 before the trial court against the appellant.

3. In the top noted appeal on 29.07.2016 this Hon'ble Court was please to grant an interim order of stay of judgment and award passed by the trial court subject to deposit of 30% award amount and the appellant has deposited sum of Rs.33,300/- as per the order dated 29.07.2016.

The appellant and respondent No.1, who is also Power of Attorney Holder of Respondent Nos.2 to 4, have agreed to settle the dispute in the following terms:

1. The respondent No.1, who is also Power of Attorney Holder of Respondent Nos.2 to 4, is agreed to receive sum of Rs.1,00,000/- (Rupees One Lakh Only) without any interest towards the full and final settlement of compensation amount awarded by the learned Senior Civil Judge and Addl. Motor Accident Claims Tribunal at Anekal in MVC.No.04/2011 dated 02.06.2015, instead of Rs.1,11,000/- with interest at the rate of 8% per annum as awarded by the learned Senior Civil Judge and Addl. Motor Accident Claims Tribunal at Anekal in MVC.No.04/2011 dated 02.06.2015.

2. The respondent No.1, who is also Power of Attorney Holder of Respondent Nos.2 to 4, hereby acknowledge that he has already received sum of Rs.66,700/- (Rupees Sixty Six

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Thousand Seven Hundred Only) by way of cash from the appellant towards compensation amount as agreed in the above said terms.

3. The appellant has no objection to withdraw the amount of Rs.33,000/- with accrued interest, if any, deposited by him before this Hon'ble Court by the respondent No.1, who is also Power of Attorney Holder of respondent Nos.2 to 4, towards the remaining amount of compensation as agreed in the above said terms.

4. The respondent No.1, who is also Power of Attorney Holder of respondent Nos.2 to 4, hereby agreed to withdraw the Execution Petition No.4/2015 filed by them before the trial court.

5. The respondent No.1, who is also Power of Attorney Holder of Respondent Nos.2 to 4, hereby agreed that they have no further claim towards the compensation amount awarded by the learned Senior Civil Judge and Addl. Motor Accident Claims Tribunal at Anekal in MVC.No.04/2011 dated 02.06.2015, which was filed by their mother.

Therefore, the appellant and respondent No.1, who is also Power of Attorney Holder of Respondent Nos.2 to 4, respectfully pray that this Hon'ble Court may kindly be please to record the settlement in the above said terms and dispose off the above appeal in the above said terms, in the interest of justice and equity."

3. The said compromise petition is signed by both the

learned counsels as well as the Appellant and Respondent No.1.

Respondent No.1 has signed the compromise petition on behalf

of Respondent Nos.2 to 4 also who have authorized Respondent

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No.1 by virtue of special power of attorney dated 17.12.2021

which is also annexed along with the said compromise petition.

4. It is forthcoming from the same, that the parties had

agreed to amicably settle the matter with the Appellant paying

to Respondent Nos.1 to 4 sum of Rs.1,00,000/- in full and final

settlement of their claim made in MVC.No.4/2011. Respondent

Nos.1 to 4 have acknowledged the receipt of sum of

Rs.66,700/- and balance of sum of Rs.33,300/- to be paid is

by away of refund of the statutory deposit amount and the

deposit is made by the Appellant pursuant to the order dated

29.07.2016 in the present appeal.

5. Both the appellant and Respondent No.1 have affirmed

the settlement as recorded in the compromise petition.

6. In view of the same, the above appeal is disposed of

as settled between the parties.

7. The Appellant has deposited a sum of Rs.25,000/- on

11.04.2016 and further a sum of Rs.8,300/- on 08.08.2016. In

view of the compromise, the Appellant has no objection for the

said total sum of Rs.33,300/- to be paid to the Respondent

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No.1 who shall receive the same on behalf of Respondent Nos.2

to 4 also.

8. In view of the same, the sum of Rs.33,300/- deposited

by the Appellant in the present appeal shall be disbursed in

favour of Respondent No.1 upon due identification.

SD/-

JUDGE

PNV