Appeal and cross-objection arising from a Motor Accident Claims Tribunal award were disposed of based on a joint settlement agreement between the appellant KSRTC and the respondent-claimant for an enhanced compensation amount.
Settlement accepted; previous award modified to award Rs.8,30,652/- with 6% interest; amount ordered to be deposited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 6632 of 2015 C/W
MFA.CROB No. 82 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MFA NO. 6632 OF 2015 (MV-I)
C/W
MFA CROSS-OBJECTION NO. 82 OF 2016
IN MFA NO.6632/2015:
BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALOR DIVISION, MANGALORE, K.H. ROAD REPRESENTED BY ITS MANAGING DIRECTOR
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
BY ITS CHIEF LAW OFFICER
(BY SMT. RENUKA H R., ADVOCATE)
…APPELLANT
AND:
MFA No. 6632 of 2015 C/W
MFA.CROB No. 82 of 2016
HOUSE NO.107, HUNGUND TALUK BAGALKOT DIST-587 118 (KSRTC BUS DRIVER)
…RESPONDENTS
(BY SRI. MAHESH KAJE, ADVOCATE FOR R1; R2-SERVED AND UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.03.2015 PASSED IN MVC NO. 202/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, PUTTUR, D.K, AWARDING COMPENSATION OF RS.5,86,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION AND ETC.
MFA CROB NO. 82 OF 2016
BETWEEN:
KARTHIKEYA .K S/O SUNDARA AITHALA AGED ABOUT 21 YEARS R/O KOTHALIKE HOUSE KODIMBADY VILLAGE PUTTUR TALUK, D.K-574 201
…CROSS-OBJECTOR
(BY SRI. MAHESH KAJE, ADVOCATE)
AND:
MFA No. 6632 of 2015 C/W
MFA.CROB No. 82 of 2016
AMINAGAD WARD NO.2 HOUSE NO.107, HUNGUND TALUK BAGALKOT DIST-587 101 (KSRTC BUS DRIVER)
…RESPONDENTS
THIS MFA-CROB IN MFA NO.6632/2015 IS FILED U/O.41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 27.03.2015 PASSED IN MVC NO. 202/2013 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & MEMBER, MACT, PUTTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.
THE ABOVE MFA AND MFA-CROB ARE COMING ON FOR HEARING/ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Smt. H.R. Renuka, learned counsel appearing for the KSRTC and Sri.Mahesh Kaje, learned counsel appearing for the claimant are present before the Court and submit that, the parties have agreed to settle the cases for compensation of Rs.8,30,652/- with interest at 6% per annum from the date of petition till the date of deposit. and hence, this appeal and Cross-objection may kindly be disposed of.
In support of their submission, the learned counsels appearing for the parties have also filed a joint memo duly
MFA No. 6632 of 2015 C/W
MFA.CROB No. 82 of 2016
signed by them. The joint memo is placed on record and it reads as under:
“ JOINT MEMO
The appellant and the first respondent have agreed to settle the above cases. Consequently, the judgment and award dated 27.03.2015 in MVC No.202/2013 passed by the Addl. Senior Civil Judge and Member MACT, Puttur, D.K. under challenge in the above cases may kindly be modified as under:
“The first respondent-claimant is entitled for compensation of Rs.8,30,652/with interest at 6% pa., from the date of petition till the date of deposit.”
The first respondent has agreed to accept the compensation as modified above in full and final settlement of all his claims in MVC No.202/2013 and the Corporation has agreed to pay the amount stated above.”
In view of the joint memo, these appeal and Crossobjection are disposed of .
The Registry is directed to draw the award in terms of the joint memo.
MFA No. 6632 of 2015 C/W
MFA.CROB No. 82 of 2016
Considering the nature of injuries suffered by the respondent/claimant, the entire compensation amount with accrued interest as stated in Joint Memo for the period from the date of petition till the date of deposit, is ordered to be released in favour of the Respondent/Crossobjector/claimant.
The amount in deposit before this Court is ordered to be transmitted to the concerned Tribunal forthwith.
The Appellant/Corporation is directed to deposit the entire compensation amount with accrued interest, within four weeks from today.
Sd/JUDGE
KGR*
List No.: 2 Sl No.: 9
3 issues framed by the court
Whether to accept joint settlement offer for modification of previous award
Whether cross-objection for enhancement of compensation requires separate disposal when settlement is reached
Whether compensation awarded should be transmitted to the concerned tribunal
2 provisions across 2 enactments
KARNATAKA STATE ROAD TRANSPORT CORPORATION, MANGALOR DIVISION
KARTHIKEYA .K S/O SUNDARA AITHALA
NAGESH .S. HADALAGERI
HANCHATE SANJEEVKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
