MFA/3216/2026 of M/S. PARADISE STILE STUDIO Vs SMT. RUKSANA BEGUM on 9 June 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT) The above appeal is filed under Section 173(1) of the Motor Vehicles Act, 1908, questioning the judgment and award dated 19.11.2025 in M.V.C.No.2584/2019, whereunder the Tribunal allowed the claim petition by awarding a sum of Rs.21,64,403/- as compensation for the death of son of respondent No.1 in a road traffic accident. The liability is fixed on the appellants-owner of the vehicle, since there was no insurance.

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2. The appellant No.2 is present before the Court along with his counsel Sri Kumbar Vasant Fakeerappa and respondent Nos.1 and 2-claimants before the Tribunal are present along with learned counsel Sri M.V. Maheshwarappa.

3. Learned counsel for the parties present compromise petition under Order XXIII Rule 3 of CPC, wherein the parties have settled the matter amicably on the terms that the appellants agreed to pay a sum of Rs.25,00,000/- to the claimants-respondent Nos.1 and 2 herein in full and final settlement of all claims arising out of judgment and award in M.V.C.No.2584/2019 dated 19.11.2025. The compromise petition reads as under: "1. The Respondents No.1 and 2 have filed MVC No.2584/2019 before the XIII Addl. Small Causes Judge, ACMM, Court of Small Causes and Member, MACT-15, Bangalore, seeking compensation on account of the death of Late Azharulla Khan in a motor vehicle accident. The said claim petition came to be allowed by Judgment and Award dated 19.11.2025, awarding a compensation of Rs.21,64,403/- (Rupees Twenty-One Lakhs Sixty-Four Thousand Four Hundred and Three

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Only) together with interest at 6% per annum from the date of petition till deposit.

2. Aggrieved by the said Judgment and Award, the Appellants have preferred the present appeal. The Respondents have also initiated Execution Petition No.713/2026 before the MAСТ, SCCH-15, Bangalore, for recovery of the award amount and the same is pending consideration.

3. Respondent No.1 is the mother of Respondent No.2. The Appellants are the partners of M/s. Paradise Stile Studio. During the pendency of the appeal, the parties, with the intervention of elders and well-wishers, have amicably settled all their disputes.

4. The Appellants have agreed to pay a total sum of Rs.25,00,000/- (Rupees Twenty- Five Lakhs Only) to Respondents No.1 and 2 in full and final settlement of all claims arising out of the Judgment and Award passed in MVC No.2584/2019.

5. Out of the said settlement amount, Appellant No.2 has this day paid a sum of Rs.12,25,000/- (Rupees Twelve Lakhs Twenty-Five Thousand Only) to Respondent No.1 through Demand Draft No.005132 dated 08.06.2026 drawn on HDFC Bank, Indiranagar Branch, Bangalore. Respondent No.2 has no objection for Respondent No.1 receiving the said amount.

6. At the time of filing the present appeal, the Appellants deposited the statutory amount of Rs.25,000/- (Rupees Twenty-Five Thousand Only) before this Hon'ble Court. The parties jointly pray that this Hon'ble Court

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may be pleased to transfer the said statutory deposit to MVC No.2584/2019 on the file of the XIII Addl. Small Causes Judge, ACMM, Court of Small Causes and Member, MACT-15, Bangalore. Respondent No.2 has no objection for Respondent No.1 withdrawing the said amount.

7. The Appellants further undertake to pay the balance settlement amount of Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand Only) to Respondent No.1 on or before 09.09.2026 through Demand Draft in Execution Petition No.713/2026 pending before MACT, SCCH-15, Bangalore. Respondent No.2 has no objection for Respondent No.1 receiving the said amount.

8. In the event of failure on the part of the Appellants to pay the balance settlement amount of Rs.12,50,000/- (Rupees Twelve lakhs fifty thousand only) on or before 09.09.2026, the Respondents shall be at liberty to recover the said amount together with interest at 9% per annum from the date of claim petition till realization in accordance with law.

9. Upon receipt of the entire settlement amount, the Respondents shall file appropriate memo before the Executing Court for closure of Execution Petition No.713/2026 and shall not have any further claim against the Appellants arising out of MVC No.2584/2019.

10. The parties submit that they have entered this compromise voluntarily, out of their own free will, without any force,

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coercion, undue influence or misrepresentation and with full understanding of the terms and consequences thereof."

4. Today, learned counsel for the appellants Sri Kumbar Vasant Fakeerappa handed over Demand Draft bearing No.005132 dated 08.06.2026 for a sum of Rs.12,25,000/- (Rupees Twelve Lakhs Twenty Five Thousand only) to the learned counsel for the respondents Sri M.V. Maheshwarappa and the same is acknowledged by learned counsel Sri M.V. Maheshwarappa.

5. The compromise petition indicates that the appellants have no objection to transfer statutory deposit of an amount of Rs.25,000/- in favour of respondent Nos.1 and 2. Further, it indicates that a balance sum of Rs.12,50,000/- would be paid by the appellants to respondent Nos.1 and 2 on or before 09.09.2026. It is also noticed that the Execution Petition No.713/2026 filed by respondent Nos.1 and 2 is pending before the MACT, SCCH-15 at Bengaluru.

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6. We have gone through the clauses of the settlement and we are of the opinion that the clauses are in accordance with law.

7. The above appeal stands disposed of in terms of the compromise arrived at by the parties. The Registry is directed to transfer the statutory amount of Rs.25,000/- to XIII Addl. Small Causes Judge, ACMM, Court of Small Causes and Member, MACT-15, Bangalore, where the Execution Petition is pending, so as to enable the respondents to withdraw the said amount. SD/- (S.G.PANDIT) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 7