THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2025 PASSED IN MVC NO. 2584/2019 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-15 BENGALURU, SCCH-15 AWARDING COMPENSATION OF RS.21,64,403/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT

and

HON'BLE MR. JUSTICE RAJESH RAI K

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.

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. 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 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 MACT, 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 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, Bangalo