Devegowda Vs H L Suvarna

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.5.2012 PASSED IN MVC NO.459/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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3 - NC: 2025:KHC:34276 MFA No. 5303 of 2014

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HC-KAR

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ORAL JUDGMENT

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This appeal is preferred against the award dated 31.05.2012 passed in MVC No.459/2010 by the Additional Senior Civil Judge and CJM, MACT, Mandya (for short 'Tribunal').

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Heard the learned counsel for the appellant.

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The case of the petitioner is that on 02.03.2008

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he was traveling in a bus bearing reg.no.KA.09/K-1659 from Boothanahosur to Malavally at about 9.45 a.m., when the said bus came on the tank bund road of Malavally tank, a lorry bearing reg.no.KA.12/3362 was also moving ahead of the said bus. Further the driver of the bus in order to overtake the lorry, drove the bus in a very rash and negligent manner with high speed and as a result of such driving, the said bus took right side and fell into the Malavally tank. Consequently, the petitioner and inmates of the said bus sustained grievous injuries. After the accident the petitioner took treatment at Malavally and

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4 - NC: 2025:KHC:34276 MFA No. 5303 of 2014

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HC-KAR

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thereafter shifted to District hospital, Mandya. The petitioner had sustained the injuries.

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The injured claimant filed claim petition claiming compensation of Rs.6,54,000/-. The Tribunal considering the oral and documentary evidence on record, granted Rs.82,040/- with interest at the rate of 9% p.a. from respondent Nos.1 to 4.

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The owner of the vehicle insured the vehicle; hence, the insurance company was held liable to pay 50% of the award along with interest at 9% per annum. Consequently, both insurance companies, i.e., respondent Nos.2 and 4, were directed to deposit 50% of the compensation each.

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Aggrieved by the said order, the present appeal was filed. During the pendency of the appeal, the both parties have compromised to enter into the settlement before the Mega Lok Adalath on 18.12.2021.

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5 -

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NC: 2025:KHC:34276 MFA No. 5303 of 2014

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HC-KAR

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As per the settlement, Respondent Nos.2 and 4

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have agreed to pay a lump-sum amount of Rs.70,000/- (in the ratio of 50% each), in addition to the amount already awarded by the Tribunal, in full and final settlement of the claim.

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In view of the above, respondent Nos.2 and 4 are directed to deposit 50% amount within four weeks from today *. On such deposit, the appellant is permitted

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to withdraw the entire amount along with accrued interest.

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Accordingly, the appeal is disposed of.

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Sd/(P SREE SUDHA) JUDGE

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SMC

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List No.: 1 Sl No.: 19

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Deleted as per Court order dated 22.09.2025.

Devegowda v. H L Suvarna

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Devegowda v. H L Suvarna

Case brief

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