Karnataka High Court
WP/31178/2024 of THE BRANCH MANAGER Vs M/S SRI VANAMALA SERVICE STATION on 10 June 2026
NC: 2026:KHC:27765-DB WP No. 31178 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 31178 OF 2024 (GM-CON) BETWEEN: 1. THE BRANCH MANAGER M/S ORIENTAL
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 31178 OF 2024 (GM-CON)
BETWEEN:
1.
THE BRANCH MANAGER
M/S ORIENTAL INSURANCE CO. LTD.,
B.H. ROAD, NELAMANGALA TOWN.
2.
THE DIVISIONAL MANAGER
ORIENTAL INSURANCE CO. LTD.,
SRI YETHIRAJ MATH BUILDING,
NO.199, 2ND MAIN ROAD,
SAMPIGE ROAD, MALLESHWARAM
BANGALORE.
3.
THE BRANCH MANAGER
ORIENTAL INSURANCE CO. LTD.,
J.C. ROAD, TUMKUR THROUGH
THE CHIEF MANAGER
ORIENTAL INSURANCE CO. LTD.,
HEAD OFFICE, 88 JANPATH
NEW DELHI - 110001.
NOW REP. BY THE MANAGER
ORIENTAL INSURANCE CO. LTD.,
REGIONAL OFFICE, NO.44/45
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
LEO SHOPPING COMPLEX,
RESIDENCY ROAD,
BANGALORE-25.
…PETITIONERS
(BY SRI. A.N. KRISHNA SWAMY, ADVOCATE)
AND:
M/S. SRI VANAMALA SERVICE STATION
53/2, MUDALAPANNE,
HULIKUNTE ROAD,
KORATANGERE REP. BY ITS PROPRIETOR,
SRI K.R. NARAYANA SWAMY.
…RESPONDENT
(BY SRI. SUBRAMANYA PRASAD T.V., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE
APPROPRIATE WRIT OR ORDER TO QUASH THE COMMON
ORDER AS PER ANNEXURE-K DATED 06.02.2024 PASSED BY
NATIONAL COMMISSION, NEW DELHI IN REVISION PETITIONS
NO.3323/2016 AND 3324/2016 AND CONSEQUENTLY HOLD
THAT ORDER PASSED BY DISTRICT FORUM AS ANNEXURES-D
DATED 25.08.2015 ARE ILLEGAL AND ERRONEOUS AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the order in CC.No.79/2014 and CC.No.55/2014 on the file of District Consumer Disputes Redressal Forum, Tumkur.
2. During the pendency of this writ petition, the parties have settled their dispute outside the Court and having filed a memo setting out the terms of compromise petition under Order 23 Rule 3 R/W Section 51 of Code of Civil Procedure 1908.
3. The terms of agreement has been mentioned in the compromise petition, which reads as under: "COMPROMISE PETITION UNDER ORDER 23 RULE 3 READ WITH SECTION 151 OF CPC
The parties to the above writ petition have amicably settled their dispute and begs to submit the same before this Hon'ble Court for acceptance.
1. The respondent had instituted two complaints bearing CC No.79/2014 & CC No.55/2014 on the file of District Consumer Disputes Redressal Forum, Tumakuru.
2. The District Forum had allowed both the complaints against which appeals were preferred and thereafter
HC-KAR
revision petitions were instituted before National Consumer Disputes Redressal Commission. As against the order passed by National Consumer Disputes Redressal Commission, two review petitions were filed which were also dismissed by National Consumer Disputes Redressal Commission through a common judgment.
3. The petitioner being aggrieved by the said common order preferred above writ petition and this Hon'ble Court directed petitioner to deposit 50% of the award amount in respect of awards passed in both the complaints. The petitioner has deposited the said amount.
4. The parties have settled the dispute amicably and the petitioner has agreed to pay further sum of Rs.15,75,000/-inclusive of interest & costs in full and final settlement of the claim of respondent in respect of both the complaints bearing CC No.55/2014 & CC No.79/2014.
5. The said amount of Rs. 15,75,000/- is in addition to the amount already deposited by petitioner as per the order of this Hon'ble Court dated 12.04.2024.
The parties pray this Hon'ble Court to accept the compromise petition and pass necessary orders to indicate full and final settlement of all the claims between petitioner and respondent in respect of award passed in CC No.55/2014 & CC No.79/2014 on the file of District Consumer Disputes Redressal Forum, Tumakuru."
4. The parties have settled their dispute amicably outside the Court and the petitioner-Company has agreed to pay an amount of Rs.15,75,000/- (Rupees Fifteen Lakhs and Seventy Five Thousand only), in addition to the
HC-KAR
amount already deposited by the petitioner as per the order of this Court dated 12.04.2024.
We dispose of this writ petition in terms of the above stated terms of settlement, with a direction to the petitioner-Company to make payment of Rs.15,75,000/- (Rupees Fifteen Lakhs and Seventy Five Thousand only) as agreed, within a period of one month from today to the respondent.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 2 Sl No.: 3