Karnataka High Court
K T Bheemappa vs K H Siddesh on 25 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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MFA No. 8351 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 8351 OF 2017 (MV-I)
BETWEEN:
1. K T BHEEMAPPA
DEAD
REPRESENT BY HIS LRs'
1.a) SMT. YASHODAMMA K.T.
W/O K T BHEEMAPPA
AGED ABOUT 62 YEARS
R/O KUNKOVA VILLAGE
HONNALI TALUK
Digitally DAVANAGERE DIST.577217.
signed by
SUMATHY
KANNAN 1.b) SMT USHA M.N
Location: D/O K T. BHEEMAPPA
High Court
of Karnataka AGED ABOUT 41 YEARS
R/O 30 FARMER STREET
CHILUR VILLAGE
HONNALI TALUK
DAVANAGERE DISTRICT.
1.c) SRI HARISH
S/O K.T. BHEEMAPPA
AGED ABOUT 40 YEARS
R/O KUNKOVA VILLAGE
HONNALI TALUK
DAVANAGERE DIST-577217.
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MFA No. 8351 of 2017
2. HALESH K.T.
S/O K.T.BHEEMAPPA
AGED ABOUT 34 YEARS
DRIVER OF TRACTOR BEARING
REG.NO.KA-14/TA-3315
R/AT KUNKAVA VILLAGE
ODEYARAHATTUR POST
HONNALI TALUK
DAVANAGERE DISTRICT-577217.
...APPELLANTS
(BY SRI. RUDRAPPA P - ADVOCATE)
AND:
1. K H SIDDESH
S/O HALAKENCHAPPA
AGED ABOUT 25 YEARS
MASON WORK
KUNKAVA VILLAGE
ODEYARAHATTUR POST
HONNALLI TALUK
DAVANAGERE DISTRICT-577217.
2. THE AUTHORISED SIGNATORY
H.D.F.C.GENERAL INSURANCE CO LTD.,
DAVANAGERE-577003.
...RESPONDENTS
(BY SRI. M K GIRISH - ADVOCATE FOR RESPONDENT NO.1;
VIDE ORDER DATED 27.05.2024, NOTICE TO RESPONDENT
NO.2 IS DISPENSED WITH)
THIS MFA FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD DATED 26.08.2017 PASSED IN MVC NO.169/2014 ON
THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, HARIHAR, BY
HOLDING THAT THE RESPONDENT NO.3 BEING THE INSURER
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MFA No. 8351 of 2017
OF THE APPELLANT IS LIABLE TO INDEMNIFY THE APPELLANTS
AND TO PAY COMPENSATION TO THE RESPONDENT NO.1; AND
SET ASIDE / MODIFY THE AWARD PASSED BY THE TRIBUNAL.
THIS MFA, COMING ON FOR ADMISSION, THIS DAY,
DR.CHILLAKUR SUMALATHA .J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is preferred challenging the order that is
rendered by the Motor Accidents Claims Tribunal, Harihar
in MVC No.169/2014 dated 26.08.2017.
2. The driver and owner of the offending vehicle
against whom the liability was fastened by the Tribunal
preferred the present appeal.
3. As per the material available on record, on the
death of the owner of the offending vehicle, his legal
representatives were brought on record as appellants 1(a)
to 1(c).
4. On this day, learned counsel for the appellants
filed a memo stating that appellants paid a sum of
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Rs.15,00,000/- towards full and final settlement to the
claimant i.e., respondent No 1 herein and thus the matter
is settled and therefore, appellants may be permitted to
withdraw the appeal. It is also mentioned in the memo
that appellants have already deposited 40% of the award
amount and on withdrawal of the appeal, the said amount
may be returned to the appellants.
5. Sri M.K. Girish, learned counsel for respondent No
1, who appears through video conferencing submits that
respondent No 1 claimant has received cash of
Rs.15,00,000/- towards full and final settlement and
therefore the respondent No 1 has no objection to permit
the appellants to withdraw the amount which is in deposit.
6. Acceding to the submission thus made, permission
is accorded as prayed for.
7. The appeal is dismissed as withdrawn.
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8. The amount, if any, deposited by the appellants be
returned to appellants on due identification by the
concerned Court.
Sd/-
JUDGE
Sd/-
JUDGE
RJ
