Farooq Sulaiman vs M. Siddegowda, Nagamma and Nizar

S.N. Satyanarayana, J.—This appeal is filed by the owner of offending vehicle, which has caused the death of Miss. Ramya, daughter of Respondents 1 and 2/claimants in the court below. The claim petition filed by them was allowed in part awarding compensation in a sum of Rs. 1,50,000/- payable with interest at 6% p.a., from the date of petition till date of realisation. The same is challenged by the owner of offending vehicle in this appeal. At the time of filing the appeal, the Appellant has deposited a sum of Rs. 25,000/-.

When the matter has come up for final hearing, the parties to appeal have settled the same at the intervention of their respective counsel. As a result, Respondents 1 and 2 agreed to receive a sum of Rs. 1,20,000/- in full and final settlement of all their claim against Appellant herein. In terms of that, Respondents 1 and 2 are entitled to receive the statutory deposit of Rs. 25,000/- lying in the court by filing necessary voucher. In addition to that they are also entitled to receive a sum of Rs. 95,000/- by two cheques bearing Nos. 720823 for Rs. 45,000/- and 720824 for Rs. 50,000/-drawn on Canara bank. D''Costa square, Bangalore.

Respondents 1 and 2 who are present before Court accept and acknowledge receipt of aforesaid two cheques. The Counsel for Respondents 1 and 2 would submit that he would be filing necessary voucher for release of the amount lying in the court infavour of his clients and the counsel would also identify Respondents 1 and 2 who are present before the Court and their signatures in the joint compromise memo.

Accordingly, the joint compromise memo filed by Appellant and Respondents 1 and 2 is taken on record. The appeal is allowed in terms of joint compromise memo. In the light of dispute being settled between Appellant and Respondents 1 and 2 appeal as against 3rd Respondent is dismissed.