IN THE HIGH COURT OF KARNATAKA AT BANGALORE:
DATED THIS THE 29"" DAY OF OCTOBER 20:0--- I "
BEFORE
THE HON'BLE MRJUSTICE s. AB1)1jL fjNAZEEE " X
MISCELLANEOUS FIRST APr_>_:;AL Nmro/20;!0"'( "
Between:
1 Sri Ramachandra Reddygi L
S/O SriNarayanappa, '
Aged about 60.years. _ V
2 Sri Sreeniévésa Rédfjy'~, 1
S/O Sri £'€Tara;.r'ana'pp3:.1,.
Aged Vab0ut.5'5 years. 3 '-
Both are 'r/a, BV;.a'p.aIii,Tv41}lage_, ' '
R.Thimmasandra' Post," » ~ .
Srinivaimptlra Taiuk, ' .
Kolar Disfriet. ' -
3* ' V"'Sfnt2."I;«ak'shmamrnéiQM
' ~ W/my Srteerama Reddy,
D/'0. Na:.ra;Ian4ppa,
" A "Aged 'a15"O11t:r62 years,
«R/a i*l_<1.vt1§i.Vr Village,
R. Thimmasandra Post,
' x T Srini.Vé1sapuraTa1uk,
V "Kolar District. Appellants.
B. Veerappa A/S, Advs.)
V I, Ko1ar;fietc.o'.
And :
1 Sri Subbarao,
S/o Sadashiva Rao,
Aged about 51 years,
Coolie-cum-Taba1a Master,
Diguvarnorapalli village,
Rayalpad Hobli,
Srinivasapur Taluk,
Kolar District.
2 The National 1nsurance«--Co._Lida;'v i'
BranchOffice,
Doom Light Ci1'::1e, V _ v_ «V
Kolar City. Respondents.
(By Sri K. mega, g~;a_x}’.'”fbr R’1’=iJ§; —
R2 deleted \”ri.de’ Cet;_rVt Order”dated:vi29V.:i.0.2O10)
Thisii’-MFAV is : Section 173(1) of the Motor
Vehicles Act’,g_ 1988 ‘ag’ains-t ‘the judgment and award dated
29.9.2009_in MVC_No.s4i63/2_00’Zon the file of the Fast Track Court
.A 1_v”hisiviIt*IV13’Ai’eorning on for Orders this day, the Court passed
‘the i°o11oWi,ng;_& ‘V
,[UDGMEN T
This appeal is directed against the judgment
MVC No.463/2002 dated 29.9.2009 on the file of :he–»1#e;»:, “rad; _]’
Courtél, Kolar. The appellants are the o=wne:3.TQ7fi’th.e.’
vehicle and the first respondent was’iVthe__elaiVrriant
below. The first respondent filed the
appellants herein and Nat:ionai<–.Izn'surance:_b Limited, Kolar,
for award of compensation insa interest
thereon. The judgment and
award dated were directed to
deposit a total with interest at the rate of 6%
per annum frornthe date _oif"t:he pe_;tition till the date of realisation.
2,. Learned "C ourisell for the parties submit that the matter has
Vbeenpparniacahiiey settled hetween the parties. They have filed an
applicatioin ..d;,.g:e'1'id'oed_er 23 Rule 3 of the Code of Civil Procedure
V " reporting thev'ter.rr.i~s of settlement, which are as under:
lg
"COMPROMISE PETITION UNDER ORDER 23
RULE 3 OF CODE OF CIVIL PROCEDURE. up *
l.. The above appeal filed against judgment and a'¥y¥ard:A9.t: T
dated 29.9.2009 made in MVC No.45.3/2002"–a1e
file of the Fast Track Court-l and
2. At the intervention of theVwe_ll wish-ers,
both sides, the appellants andllli’tthe’ responc1~er&a_lts’lhayle§
agreed to settle the dispute -the following
terms and conditions: T T ll ‘T
a) The reslponden’t”ag.reed”‘ £o’s.receivezd’»’all.sum of
Rs.75,000/_~; ;§:ars;.ia;§l;«; (if jud_g:_lrnerit’.aln’d”award dated
29.9:.2OO9llAby I~.zI}t{jfr,. Kolar as full and final
settlement and agreed for the same.
A _ .. b) The r have paid a sum of
to thevvl—-‘”*l-«respondent by way of cash as full
» land .Vfinal._settlemen.t in pursuance of the impugned
_ andvsalward passed by the MACT, Kolar and
A -‘l4f_” restpryndent has acknowledged the receipt of money.
a The respondent has agreed that he will not
_ proceed further in pursuance of judgment and award
alt
dated 29.9.2009 made in MVC No.463/2002 on then
rite of MACT, Kolar in pursuance of the settlemezitp»
between the parties to the lis.
(1) Both the appellants and.1*es»pondentsiiha{%e i
agreed the above appeal may be disposede iiryiterrhs ‘
of compromise petition by Vnaodifyingvthe impuignevdd
judgment and award passed by i<Lo'}a_r_ i
No.463/2002.
Hence, both the aiijF:..eiianits/:re’sp0ndents
pray that this I-lon’b1e itoidispose
of the abo\%_eia’pptea1 in Eerzris ,Vth’e”‘Co.rr1promise as
stated above th_e:’inter_es’t-ofjustice and equity.”
3. The appellants”.”i.ij1diitf1ejfir<:*t respondent are present before
the Court. ffhe parties 't~o.v"the."api15eaE have signed the application for
cornproniiseIi'tHaving heairdi the learned Counsel for the parties, I
an'; ofgthe 'that? the compromise entered into between the
partiesis just anvdilawful.
W,”,»-«A–1:1-A
4. Learned Counsel for the first respondent-claimant suhfi;i_t:§._V
that the first respondent has received the agreed
Rs.75,00{)/- in cash today from the appelients in_-fu}1– it
settlement of the judgment and award undesj ch:;1£eri1ge’;.._.’ i V
\ 5. Consequently, the appea1′>ivs’v’di.sposed of in
compromise petition. The judgment ayndia1v_arc1_Virnpiignedhefein is
accordingly rnodified_=No costs;”‘» – if V
BMM/«~