Karnataka High Court
Smt Suman B P vs Sri C Dasappa on 26 June, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:23506
MFA No. 4485 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
MISCELLANEOUS FIRST APPEAL NO.4485 OF 2022(MV-D)
BETWEEN:
SMT. SUMAN B P.,
D/O PRABHAKAR B C.,
AGED ABOUT 34 YEARS,
R/O NO.23/28/02,
ADARSHA LAYOUT,
MALATHAHALLI,
BENGALURU-560 056
(OWNER OF CAR NO.KA-41/P-4024)
...APPELLANT
(BY SRI. S.R. HEGDE HUDLAMANE., ADVOCATE)
AND:
SRI. C. DASAPPA
Digitally signed S/O CHIKKAHAIDAYYA,
by YAMUNA K L SINCE DECEASED BY HIS LRS
Location: High
Court of
Karnataka 1. CHIKKATHAYAMMA
W/O LATE DASAPPA,
AGED ABOUT 54 YEARS,
R/O NO.342, RING ROAD
5TH CROSS, KEMPAMMA LAYOUT,
MARIYAPPANA PALYA,
BENGALURU SOUTH,
BENGALURU VISWAVIDYALAYA,
BENGALURU-560 056
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NC: 2024:KHC:23506
MFA No. 4485 of 2022
2. D. MADHU
S/O LATE DASAPPA,
AGED ABOUT 38 YEARS,
R/O 6TH MAIN, TENT HOUSE ROAD,
KEMPAMMA DEVI BADAVANE,
MARIYAPPANA PALYA,
BENGALURU SOUTH,
BENGALURU-560 056.
3. SMT. PUSHPA D.,
W/O SHIVAKUMAR M.C.,
D/O LATE DASAPPA
AGED ABOUT 34 YEARS,
R/O NO.4, JANATHA COLONY,
JNANABHARATHI,
MARIYAPPANA PALYA,
BENGALURU SOUTH,
BENGALURU VISWAVIDYALAYA,
BENGALURU-560 056.
4. FUTURE GENERAL INDIA INSURANCE CO.LTD.,
NO.31, 3RD AND 4TH FLOOR,
SHRAVANEE KRISHNA MANSION,
100 FEET ROAD,
2ND BLOCK, JAYANAGARA,
BENGALURU-560 001
REP. BY ITS MANAGER
(INSURER OF THE CAR NO.KA 41 P 4024)
(POLICY NO. 2018-PBA10712-FPV
24-03-2018 TO 23-03-2019)
...RESPONDENTS
(BY SRI. AJAY KUMAR, ADVOCATE FOR R1 TO R3;
SRI. P.S. JAGADISH, ADVOCATE FOR R4)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.29.04.2022 PASSED IN MVC
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NC: 2024:KHC:23506
MFA No. 4485 of 2022
NO.750/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND
MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18),
AWARDING COMPENSATION OF RS.8,47,742/- WITH INTEREST
AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellant-owner of the vehicle
challenging the Judgment and Award passed by the M.A.C.T,
Bengaluru in MVC No.750/2019 awarding compensation of
Rs.8,47,742/- with interest at the rate of 6% p.a.
2. Heard arguments of the learned counsel for the appellant
as well as respondents.
3. The appellant was 1st respondent-owner and Respondent
Nos.1 to 3 are the claimants before the Tribunal and
Respondent No.4 is the insurance Company who was
Respondent No.2 before the Tribunal.
4. The case of the appellant-owner who was the 1st
respondent before the Tribunal is that Respondent Nos.1 to 3-
claimants had filed a claim petition claiming compensation of
Rs.10,00,000/- for the injuries sustained by the petitioner-
NC: 2024:KHC:23506
C.Dasappa, who is said to have sustained injuries in the road
traffic accident which occurred due to involvement of vehicle
driven by the driver of the car belonging to the present
appellant-owner. During the trial, the parties were examined
and the insurer has taken the contention that driving licence of
the driver of the car was lapsed. Therefore, no liability is fixed
on the Insurance Company. Based upon the arguments, the
Tribunal passed the award for Rs.7,70,882/- with 6% interest
p.a., from the date of petition till its realization after deducting
Rs.76,860/- towards medical expenses from total compensation
of Rs.8,47,742/- awarded by the Tribunal, fixing the liability on
the owner of the car-appellant, who has filed this appeal.
5. During the pendency of the appeal, both appellant-owner
of the vehicle as well as Respondent Nos.1 to 3-claimants have
filed joint compromise application under Order XXIII Rule 3 of
the CPC and it is submitted that the parties have settled their
dispute amicably and the appellant-owner of the vehicle
undertakes to pay Rs.5,00,000/- to Respondent Nos.1 to 3-
claimants as full and final settlement.
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6. Appellant-owner of the vehicle and Respondent Nos.1 to
3-claimants are present before this Court along with their
respective counsel.
7. Perused the settlement.
8. As per the settlement, Respondent No.1 has received
Rs.3,00,000/- by way of Demand Draft dated 22.04.2024
bearing No.731251 and Respondent Nos.2 and 3 have received
Rs.1,00,000/- each by way of Demand Draft dated 22.04.2024
bearing Nos.731249 and 731248. All the demand drafts drawn
on State Bank of India are handed over to Respondent Nos.1
to 3 in the open Court and the same is received and
acknowledged by Respondent Nos.1 to 3 who are the
claimants. The settlement is in accordance with law.
Considering the same, the compromise is accepted.
9. Accordingly, the following:
ORDER
i) The appeal is disposed off in terms of the
compromise petition.
ii) In view of the settlement, the Judgment and
Award dated 29.04.2022 passed by the III Addl.
Judge and MACT, Court of Small Causes, Bengaluru
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(SCCH-18) in MVC No.750/2019 is modified to
Rs.5,00,000/- without interest.
iii) Appeal against Respondent No.4-Insurance
Company is dismissed.
iv) The amount in deposit is directed to be
refunded to the appellant after due identification.
v) Draw award accordingly.
Sri.Ajay Kumar, counsel for Respondent Nos.1 to 3
and Sri.P.S.Jagadish, counsel for Respondent No.4 are
permitted to file vakalath within a week from today.
Sd/-
JUDGE
BNV
ct-snn
