Karnataka High Court
Sri. A. Prakash vs Bajaj Allianz General Insurance Co. Ltd on 14 October, 2025
Author: Ravi V Hosmani
Bench: Ravi V Hosmani
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RFA No. 1293 of 2016
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAVI V HOSMANI
REGULAR FIRST APPEAL NO. 1293 OF 2016 (MON)
BETWEEN:
1. SRI A. PRAKASH
S/O LATE ANNAYYA REDDY,
2. SMT. SHAILA PRAKASH
W/O A PRAKASH,
BOTH ARE MAJORS,
R/AT NO.38/16, 12TH CROSS,
4TH MAIN ROAD,
OPP. SBI, WILSON GARDEN,
BANGALORE - 560 030.
...APPELLANTS
(BY SRI VINOD PRASAD, ADVOCATE)
AND:
Digitally signed by BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
GEETHAKUMARI REG. OFFICE AT G.E. PLAZA,
PARLATTAYA S
AIRPORT ROAD, YERAWADA,
Location: High
Court of PUNE - 411 006,
Karnataka REP. BY HEAD CORPORATE LEGAL,
SRI KORANGATI SREENIVASA RAO,
(BY PLEADER SRI,
SEETHARAMA RAO B.C. ADV)
...RESPONDENT
(BY SRI D. GOVARDHAN, ADVOCATE)
THIS RFA IS FILED UNDER SECTION 96 R/W ORDER 41, RULE
1 OF CPC., AGAINST JUDGMENT AND DECREE DATED 14.07.2016
PASSED IN O.S NO.9083/2013 ON THE FILE OF THE XXX ADDL. CITY
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RFA No. 1293 of 2016
HC-KAR
CIVIL JUDGE, BENGALURU CITY, DECREEING THE SUIT FOR
RECOVERY OF MONEY.
THIS APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
ORAL JUDGMENT
Challenging judgment and decree dated 14.07.2016
passed by XXX Addl. City Civil Judge, Bengaluru, in O.S.
no.9083/2013, this appeal is filed by defendants.
2. It was submitted, during pendency of appeal, by
order dated 31.07.2025, matter was referred for mediation.
Parties have participated in mediation, which has resulted in
settlement and terms of which are drawn in agreement placed
before Court and prayed that appeal may be disposed of in
terms of settlement.
3. Terms of settlement reads as under:
"MEMORANDUM OF SETTLEMENT UNDER SECTION
89 OF CPC READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE (MEDIATION)
RULES, 2005
I. The Respondent had filed the suit in
O.S.No.9083/2013 on the file of the XXX Addl.
City Civil & Sessions Judge, Bengaluru against
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appellant seeking recovery of a sum of Rs.96,144
(Rupees Ninety Six Thousand One Hundred and
Forty Four Only) together with interest @ 18%
per annum from 05.08.2009 till payment and
cost. The Hon'ble Trial Court was pleased to
passed judgment and decree on 14.07.2016 in
favour of the respondent herein for a sum of
Rs.80,000/- (Rupees Eighty Thousand Only)
along with interest @ 18% per annum from
25.10.2011 till payment.
II. The appellants herein filed the above appeal
challenging the order passed in
O.S.No.9083/2013 on the file of the XXX Addl.
City Civil & Sessions Judge, Bengaluru dated
14.07.2016.
III. The aforesaid appeal was referred to mediation
for resolving the dispute between the parties.
During the course of mediation, the Appellants
and the Respondent along with their respective
advocates were present and resolve their disputes
and they have agreed and arrived the following
terms and conditions
1. The Appellants have agreed to pay a sum
of Rs.1,25,000/- (Rupees One Lakh Twenty Five
Thousand Only) to the respondent towards full
and final settlement of all the claims of the
respondent. The said amount shall be paid by the
appellants by way of the following cheques:
a) Cheque bearing No.504653 dated
01.09.2025 for a sum of Rs.50,000/-
(Rupees Fifty Thousand Only) drawn on
Karnataka Co-operative Apex Bank Ltd.,
Bengaluru.
b) Cheque bearing No.647800 dated
12.09.2025 for a sum of Rs.75,000/-
(Rupees Seventy Five Thousand Only)
drawn on Karnataka Co-operative Apex
Bank Ltd., Bengaluru.
2. The parties have agreed that the aforesaid
cheques are subject to realization and the in the
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case of dishonour of the any of the above
cheques the respondent company is at liberty to
proceed under section 138 of N.I.Act in
accordance with law.
3. The parties have agreed that the appellants
are at liberty withdraw the deposit sum of
Rs.40,000/- (Rupees Forty Thousand Only) and
seek refund of the court fee.
4. The parties agree that apart from the
above they do not have any other claim against
each other.
5. The parties further state that there has
been no collusion or force, fraud or any undue
influence by any of the parties to enter into this
compromise in the aforesaid manner.
IV. In view of the aforesaid agreement, both the
parties pray that this Hon'ble court may be
pleased to pass appropriate orders in terms of the
aforesaid agreement.
V. Parties will appear before the Hon'ble Court for
passing necessary orders in terms of the
agreement."
4. In terms of compromise, appellants have agreed to
pay a sum of Rs.1,25,000/- to respondent in full and final
settlement of all claims and that said amount is paid by way of
two cheques bearing no.504653 dated 01.09.2025 for
Rs.50,000/- and 647800 dated 12.09.2025 for Rs.75,000/-
drawn on Karnataka Co-operative Apex Bank Ltd., Bengaluru.
Respondent admits receipt of said amount.
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5. Memorandum of settlement is duly signed by both
parties. whose signatures are identified by their respective
counsel and settlement is reported by them.
6. I have perused terms of settlement and same are
found to be lawful. Memorandum of settlement is taken on
record and accepted.
7. Appeal is allowed to extent and in terms of
settlement, modifying judgment and decree dated 14.07.2016
passed by XXX Addl. City Civil Judge, Bengaluru, in O.S.
no.9083/2013.
8. In view of disposal, appellants would be entitled for
refund of admissible court fee and also amount deposited
before this Court vide order dated 19.08.2016.
Registry to draw decree incorporating terms of
settlement.
Sd/-
(RAVI V HOSMANI)
JUDGE
AV
