Mr Praveena J K @ Praveen Kumar Vs Mrs Gangamma

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2014 PASSED IN MVC NO.1433/2010 ON THE FILE OF THE 2ND ADDITIONAL DISTRICT & SESSIONS JUDGE & ADDITIONAL MACT, HASSAN, AWARDING COMPENSATION OF RS.5,39,500/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITITON TILL REALIZATION.

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

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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ORAL JUDGMENT

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Learned counsel on both side present and both parties are present except respondent No.5 i.e.,

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Rakshitha. Respondent No.5 has executed GPA in favour of her mother i.e., respondent No.1- Smt.Gangamma.

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3 - NC: 2025:KHC:52019 MFA No. 5529 of 2018

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HC-KAR

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This appeal is filed challenging the Judgment

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and award dated 07.08.2014 in MVC No.1433/2010 passed by the II Additional District and Sessions Judge and Additional MACT, Hassan.

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Heard learned counsel on both side.

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Learned counsel for the parties have filed

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compromise petition dated 09.12.2025, which reads as under:

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"1. That the vide order impugned Judgement and Award dated 07/08/14 passed in MVC No.1433/2010 passed by the Learned II Additional M.A.C.T, Hassan wherein the learned Tribunal allowed the petition filed by the Respondents herein under section 166 of Motor Vehicles Act. The Respondents herein are entitled to compensation of Rs.5,39,000/[Rupees Five Lakh Thirty-Nine Thousand only) with interest at 6% per annum from the date of petition till the date of payment. And further held that the Appellant herein is liable to pay the compensation.

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That the Appellant have filed the above Appeal praying for a setting aside of the impugned Judgement and Award dated 07/08/14 passed in MVC No.1433/2010 passed by the Learned II Additional M.A.C.T, Hassan.

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That this Hon'ble Court vide order dated 23/11/2018 had directed the Appellant to deposit a sum of Rs.2,69,500/-[Rupees Two Lakh Sixty Nine

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HC-KAR

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Thousand Five Hundred] only and in compliance of the same the Appellant have deposited Rs. 2,69,500/- Rs.2,69,500/- [Rupees Two Lakh Sixty Nine Thousand Five Hundred) only before this Hon'ble Court and have paid the statutory amount of Rs.25,000/- [Rupees Twenty Five Thousand] only at the time of filing of the above Appeal.

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That after the filing of the above Appeal, with the interference of the elders and well-wisher of the family members, the parties herein have settled the dispute among them self amicably as under.

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That the Appellant and Respondents have settled their disputes for a total sum of Rs.6,94,500/[Rupees Six Lakh Ninty Four Thousand Five Hundred] only as a full and final settlement amongst themselves.

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That, in pursuance of the same Appellant has made the payment of the same which are as follows:

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SL. NO.	PARTICULARS
1.	Rs.2,69,500/- [deposited vide order dated 23/11/2019] along with accrued interest in deposit, if any.
2.	Rs.25,000/-[statutory deposit].
3.	Rs.4,00,000/-Demand Draft No.003957 dated 04/12/2025 drawn on HDFC Bank in favour of Respondent No.1/ Gangamma.

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That, the Respondents hereby acknowledges the payment shown in Sl.No.1 to 2 supra and the Demand Draft shown at Sl.No.3 supra shall be

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5 -

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NC: 2025:KHC:52019 MFA No. 5529 of 2018

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HC-KAR

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handed over to the Respondents before this Hon'ble Court on this day.

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That the Parties do hereby state and declare that they have entered this compromise voluntarily out of their own free will and volition and there is no element of fraud, coercion, undue influence, misrepresentation, or mistake in filing this compromise petition.

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That, the Respondents herein relinquishes all their rights for past, present and future claims arising out of the M.V.C No.1433/2010 on the file II Additional M.A.C.T, Hassan and further the Respondents undertake not to challenge the order of Acquittal dated 09/05/2012 passed in the C.C No. 198/2010 on the file of Civil Judge & JMFC at Alur, Hassan.

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That the Appellant and Respondents do hereby agree and undertake to abide by the terms stipulated above with respect to compromise application terms and condition.

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