MR.NIKHIL.R vs S.R.PARTHASARATHY

Appellant is the owner of the vehicle. Being aggrieved by the judgment and award dated 30.11.2015 passed in MVC Mo.1020/2015 on the file of the III Additional Senior Civil Judge, Court of Small Causes, and Member, MACT, Bengaluru, (hereinafter referred to as ''the Tribunal'' for short),fastening the liability on him to compensate the claimants, has preferred this appeal.

Claimants/Respondent Nos. 1 to 3 herein have filed the claim petition contending that on 18.10.2014 at about 1.30 p.m. deceased Sri. R.Shantharam, brother of the claimants while crossing the road near Shrusti Hospital, Kanakapura Main Road, the rider of the motorcycle bearing RegistrationNo.KA.05.JB.6841 rode the same in a rash and negligent manner and dashed against him. Due to which, Shantharam fell down and sustained injuries. Immediately after the accident, he was shifted to Shrusti Hospital and thereafter, he was shifted to NIMHANS. However, during the course of the treatment he died after three days. Therefore, the brothers of the deceased filed a claim petition seeking compensation contending that due to rash and negligent driving of the motor cycle by its rider, the accident had occurred . Prior to the accident, deceased was running a Provisional Stores in the name and style as ''Subramneshwara Provision Stores'' and earning Rs.20,000/- per month and at the time of the accident he was aged about 49 years. In view of the death of the deceased, the family has lost their bread earner and therefore, sought for compensation of Rs.10,00,000/-.

The contesting respondent Nos.1 and 2 entered appearance and filed the written statement.

After trial, the Tribunal held that the due to actionable negligence on the part of the rider of the motorcycle, the accident had occurred and deceased Shantharam died due to the injuries sustained by him in the said accident. Hence, the claimants are entitled for compensation and awarded the compensation of Rs.2,98,000/- with interest @ 9% P.A. Since the Insurance Company has not been made as the party, the liability has been fastened on the owner of the motorcycle. The owner of the vehicle, being aggrieved by the said judgment and award passed by the Tribunal fastening the liability on him to compensate the claimants, has filed this appeal.

I have heard the learned counsel appearing for the parties and perused the material available on record.

During the pendency of this appeal, the dispute between the parties is amicably settled and the appellant, owner of the motorcycle is ready to pay a sum of Rs.1,60,000/- towards compensation and the claimant Nos. 1 to 3 are agreeable to receive the same as against Rs.2,98,000/- awarded by the Tribunal. To that effect, a Joint Memo duly signed by the appellant and claimant Nos. 1 to 3 and attested by their respective counsel has been filed. Therefore, they submitted that, the instant appeal filed by the appellant may be disposed off in terms of the Joint Memo dated 24-3-2017. 6. The Joint Memo dated 24-3-2017 is taken on record. Paragraphs 1 to 4 of the joint memo read thus:

(1) The appeal is filed by the owner challenging the liability. Claimants are brothers of deceased. The Tribunal has allowed the claim petition for Rs.2,98,000/-. This Hon''ble Court has stayed the operation of the judgment and award, subject of deposit of Rs.1,00,000/-.

(2) The appellant have so far deposited Rs.1,25,000/- (Rs.25,000-00 + 1,00,000/-). The parties herein have settled their disputes for a global compensation of Rs.1,60,000/-.

(3) The appellants have agreed to pay Rs.1,60,000/- and respondents No. 1 to 3 have agreed to receive the said amount of Rs.1,60,000/- by understanding the facts and circumstances of the case without fear and on force.

(4) The amount of Rs.1,25,000/- deposited by the appellant, an amount of Rs.1,00,000/- shall be disbursed to the respondents No. 1 to 3 and Rs.25,000/- shall be refunded to the appellant. The appellant has paid Rs.60,000/- by way of cash to the respondents No. 1 to 3 and the respondents No. 1 to 3 have acknowledged the receipt of the same.

In view of the settlement between the parties and in the light of the terms and conditions of the Joint Memo as extracted above, I pass the following:

ORDER

The appeal is allowed in part. The judgment and award dated 30.11.2015 passed in MVC Mo.1020/2015 on the file of the III Additional Senior Civil Judge, Court of Small Causes, and Member, MACT, Bengaluru, is modified in terms of the Joint Memo dated 24.3.2017. The claimant Nos. 1 to 3 are entitled to the compensation of Rs.1,60,000/- as against Rs.2,98,000/- awarded by the Tribunal.

In view of the settlement of the dispute between the parties out of Court, the appellant is entitled for refund of Rs.25,000/- deposited as security deposit. A sum of Rs.1,00,000/- deposited by the appellant pursuant to the order dated 5.7.2016 shall be released in favour of the claimant Nos. 1 to 3. Parties to bear their own costs.