Karnataka High Court
MFA/6413/2024 of SRI. MALLIKARJUNA Vs SRI. VENKATESH on 17 August 2026
CNR: KAHC010569842024 NC: 2026:KHC:43897 MFA No. 6413 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.6413 OF 2024(MV-I) BETWEEN: SRI. MALLIKARJUNA, S/O. SRI.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF AUGUST, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO.6413 OF 2024(MV-I)
BETWEEN:
SRI. MALLIKARJUNA,
S/O. SRI. SHANTHAMALLADEVARU,
AGED ABOUT 30 YEARS,
R/O. VEERANAPURA VILLAGE,
HAREVE HOBLI,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA - 571 313.
(OWNER CUM DRIVER OF GOODS
VEHICLE BEARING NO.KA-10-C-5627)
…APPELLANT
(BY SRI. BASAVANNA K.M., ADVOCATE)
AND:
SRI. VENKATESH,
S/O. SRI. DASASHETTY,
AGED ABOUT 45 YEARS,
R/O. LAKKURU VILLAGE,
GUNDLUPET TALUK,
CHAMARAJANAGARA DISTRICT.
PRESENTLY RESIDING AT
C/O. SRI. SWAMY,
BISALAVADI VILLAGE,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA - 571 313.
…RESPONDENT
(BY SMT. SUMATHI S., ADVOCATE)
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
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THIS MFA IS FILED UNDRE SECTION 173(1) OF MV ACT, 1988, AGAINST
THE
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JUDGMENT
AND AWARD DATED:12.10.2023 PASSED IN MVC NO. 92/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHAMARAJANAGARA, AWARDING COMPENSATION OF RS. 5,93,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
This appeal is by the owner of the vehicle, assailing the judgment and award dated 12.10.2023 in MVC.No.92/2020 passed by the Additional Senior Civil Judge and MACT, Chamarajanagara. The Tribunal has awarded total compensation of Rs.5,93,000/- along with interest at the rate of 6% per annum from the date of petition till realisation.
2. During the pendency of the appeal, the owner of the vehicle has deposited 50% of the amount along with
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accrued interest before the Tribunal, in view of a condition precedent for granting of interim order. A sum of Rs.25,000/- was deposited before this Court as a statutory deposit.
3. The parties in view of intervention of elders and family friends settled the matter and filed a joint memo, signed by both the counsel. Both the counsel in unison submit that the parties have given express permission to them to settle the matter.
4. The joint memo filed by the learned counsel for both the parties reads as under: “The parties have agreed to settle the matter for an amount of Rs.5,00,000/- as against compensation of Rs.5,93,000/-. The Appellant also agreed to pay the interest at 6% P.A from the date of the petition. The Appellant also agreed to pay the remaining amount (except deposited for 50% before the trial Court and Rs.25,000/- deposited before this Hon’ble Court). The Appellant also agreed to pay the balance amount within 2 months from today.
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The Respondent also agreed to receive the agreed amount in the above terms and conditions. The respondent may be permitted to withdraw the amount deposited before the trial court as well as before this Hon’ble Court. In view of the above, I request this Hon’ble Court please to accept the Joint Memo, in the interest of justice and equity.”
5. As per the memo, the entire claim has been settled for Rs.5,00,000/- as against Rs.5,93,000/- awarded by the Tribunal. The amount of Rs.5,00,000/- shall carry interest at the rate of 6% per annum from the date of petition till this date.
6. The 50% of Rs.5,93,000/- has already been deposited before the Tribunal. A sum of Rs.25,000/- which is deposited before this Court as statutory deposit is directed to be transmitted to the Tribunal for disbursement.
7. Balance amount along with accrued interest of 6% out of Rs.5,00,000/- shall be deposited within 2 months from today before the Tribunal, any failure, to
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deposit the said amount, the claimant is at liberty to file execution and recover the amount settled herein above.
8. The claimant is permitted to withdraw the amount already in deposit along with Rs.25,000/- now ordered to be transferred and balance amount upon deposit on proper identification. Accordingly, the appeal stands disposed of.
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 5 ct-vn