- 1 - NC: 2025:KHC-K:1853 MFA No. 202364 of 2023 C/W MFA No. 202520 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.202364 OF 2023 (MV-I) C/W MISCL. FIRST APPEAL NO.202520 OF 2023 (MV-I) IN MFA NO.202364/2023: BETWEEN: RAFIQ S/O ILAHI KANNUR, AGE: 36 YEARS, OCC: BUSINESS, RESIDENT OF INAMDAR COLONY, B.L.D.E.A. ROAD, VIJAYAPURA-586 101. …APPELLANT (BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE) AND: 1. JAGADISH PRASAD S/O ADRAM GODARA, AGE: 44 YEARS, OCC: BUSINESS, RESIDENT OF HOUSE NO, 14, MUGAON, TALUK SHAHAPUR, DIST. THANE, STATE MAHARASHTRA-421 403. 2. THE MANAGER LEGAL/CLAIMS, HDFC ERGO GENERAL INSRANCE CO. LIMITED., 1ST FLOOR, VIRUPAKSHA BUILDING, OPP: KIMS HOSPITAL, MAIN GATE,, P.B. ROAD, VIDYA NAGAR, HUBBALLI-580 021. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1853 MFA No. 202364 of 2023 C/W MFA No. 202520 of 2023 …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O DTD. 24.03.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGEMENT AND AWARD DATED 23.05.2022 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT-XII AT VIJAYAPURA, IN M.V.C NO. 1100/2018. IN MFA NO.202520/2023: BETWEEN: MOHSIN S/O SARFARAZ INAMDAR, AGE: 34 YEARS, OCC: BUSINESS, RESIDENT OF INAMDAR COLONY, B.L.D.E.A. ROAD, VIJAYAPURA-586 101. …APPELLANT (BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE) AND: 1. JAGADISH PRASAD S/O ADRAM GODARA, AGE: 44 YEARS, OCC: BUSINESS, RESIDENT OF HOUSE NO, 14, MUGAON, TALUK SHAHAPUR, DIST. THANE, STATE MAHARASHTRA-421 403. 2. THE MANAGER LEGAL/CLAIMS, HDFC ERGO GENERAL INSRANCE CO. LIMITED., 1ST FLOOR, VIRUPAKSHA BUILDING, OPP: KIMS HOSPITAL, MAIN GATE,, - 3 - NC: 2025:KHC-K:1853 MFA No. 202364 of 2023 C/W MFA No. 202520 of 2023 P.B. ROAD, VIDYA NAGAR, HUBBALLI-580 021. …RESPONDENTS (BY SMT. PREETI PATIL MELKUNDI, ADV. FOR R2; V/O DTD. 05.12.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY MODIFYING THE JUDGEMENT AND AWARD DATED 23.05.2022 PASSED BY THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT-XII, AT VIJAYAPURA, IN MVC NO. 1099/2018. THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) In both these appeals, the learned counsel appearing for appellant and respondents have filed an application under Order 23 Rule 3 of CPC, stating that the parties have settled the matter by way of a negotiation among them in the Pre-conciliation Lok-Adalat held prior to the previous National Lok-Adalat. - 4 - NC: 2025:KHC-K:1853 MFA No. 202364 of 2023 C/W MFA No. 202520 of 2023 2. However, for reasons beyond their control, the joint memo could not filed. Therefore, both the counsels submit that in MFA No.202520/2023 and MFA No.202364/2023, the settlement between the parties be accepted and the appeal be disposed off as in terms of the joint memo. 3. Having perused the applications in both these appeals, along with joint memo annexed it, this Court is satisfied that the parties have entered into a settlement in the Pre-conciliation sittings of the Lok-Adalat. The matter could not be listed before the Lok-Adalat since the joint memo did not reach the counsels in time. 4. The submissions appears to be bonafide and therefore, the application filed U/o 23 Rule 3 of CPC in both these appeals is accepted. 5. There being settlement between the parties, the appeals deserve to be disposed off in terms of the joint memo. Hence, the following: - 5 - NC: 2025:KHC-K:1853 MFA No. 202364 of 2023 C/W MFA No. 202520 of 2023 ORDER The impugned judgments in both the appeals are set aside. The appeal is disposed off in terms of the joint memo between the parties. Draw award accordingly. Sd/- (C M JOSHI) JUDGE SMP List No.: 1 Sl No.: 22 CT: AK