- 1 - NC: 2025:KHC:9860-DB MFA No. 1895 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR AND THE HON'BLE MRS JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.1895 OF 2023 (MV-D) BETWEEN: SRI HABEEB ULLA S/O ABDUL REHAMAN, AGED ABOUT 42 YEARS, RESIDENT OF HANEEF MOHALLA, MANDYA ROAD, NAGAMANGALA, MANDYA DISTRICT-571432. ... APPELLANT (BY SRI MOHAMMED MUJASSIM, ADVOCATE) AND: 1. SMT. JAYALAKSHMAMMA W/O. LATE T.P. DEEPAK, AGED ABOUT 38 YEARS, 2. PRAGNA DEEP D/O. LATE T.P. DEEPAK, AGED ABOUT 14 YEARS, 3. ROHAN DEEP T.D. S/O LATE T.P. DEEPAK, AGED ABOUT 11 YEARS, RESPPONDENT NOS.2 AND ARE MNORS REPRESENTED BY THEIR NATURAL GUARDIAN/ MOTHER SMT. JAYALAKSHMAMMA. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9860-DB MFA No. 1895 of 2023 4. SMT. ASHWATHAMMA W/O. LATE PRAKASH, AGED ABOUT 60 YEARS, RESPONDENT NOS.1 TO 4 ARE RESIDENT OF DODDAHOSUR, OPP. VARIN SCHOOL, GULUR HOBLI, TUMAKURU DISTRICT-572118. 5. SRI HEMARAJU B.G. S/O. GANGADHARAAH, AGED ABOUT 29 YEARS, RESIDENT OF A.D.COLONY, SUBHASH NAGARA, GUBBI TOWN, TUMAKURU DISTRICT-572216. 6. M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., GOLDEN HEIGHTS, 4TH FLOOR, NO.1/2, 59TH C CROSS, 4TH M BLOCK, BANGALORE-560010. REPRESENTED BY ITS MANAGER. ... RESPONDENTS (BY SMT. PRATHIBHA K.M.,ADVOCATE FOR R-1 TO R-4; SRI H.S. LINGARAJU, ADVOCATE FOR R-6; V/O. DATED 22/01/2025, NOTICE TO R-5 DISPENSED WITH) THIS MFA IS FILED UNDER SECTON 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2022 PASSED IN MVC NO.509/2019 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, TUMAKURU THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR and HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:9860-DB MFA No. 1895 of 2023 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR) Pursuant to the order dated 07.02.2025, this appeal was referred to mediation. The parties have presented memorandum agreement under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. 2. Appellant – Habibulla is present before the court with his Advocate Mr.Mohammed Mujasim. The respondent No.1 – Jayalakshmamma is present and she represents her two minor children respondent Nos.2 and 3, as their guardian. Respondent No.4 – Smt.Ashwathamma is present before the court. Advocate Smt.Pratibha K.M. for respondent Nos. 1 to 4 is present. The presence of respondent Nos.5 and 6 is not necessary. 3. According to the terms of memorandum of agreement, appellant has agreed to pay a sum of Rs.24,00,000/- towards compensation to respondent - 4 - NC: 2025:KHC:9860-DB MFA No. 1895 of 2023 Nos.1 to 4 by way of Demand Drafts for a sum of Rs.8,40,000/-, Rs.6,00,000/-, Rs.6,00,000/- and Rs.3,60,000/- drawn on Axis Bank, Sira Gate, Tumkur. 4. The respondent Nos.1 and 4 acknowledge the receipt of four demand drafts totally for a sum of Rs.24,00,000/- as stated above towards compensation, which is duly recorded in the memorandum of agreement. 5. The contents of the memorandum of agreement are explained to the parties in Kannada and they admit to have entered into compromise. 6. Learned counsel for respondent Nos.1 to 4 has filed an application under Order XXXII Rule 7(1) of Code of Civil Procedure, 1908 to permit the respondent No.1 to enter into compromise on behalf of her minors viz., respondent Nos.2 and 3. The Advocate Smt.Pratibha K.M. has filed pleader’s certificate as required under Order XXXII Rule 7(1A) of the Code of Civil Procedure, 1908 - 5 - NC: 2025:KHC:9860-DB MFA No. 1895 of 2023 stating that the compromise is in the best interest of the minors. 7. Having regard to the nature of compromise, the application under Order XXXII Rule 7(1) of Code of Civil Procedure is allowed and the pleader certificate is placed on record. Since, the compromise is lawful, it is accepted. The appeal stands disposed of in terms of compromise petition. Sd/- (SREENIVAS HARISH KUMAR) JUDGE Sd/- (K.S. HEMALEKHA) JUDGE SS List No.: 2 Sl No.: 4