Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:23896 MFA No. 263 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO.263 OF 2015 (MV-D)
BETWEEN:
1.
K LOKESH S/O KARIYAPPA, AGED ABOUT 42 YEARS, OCC: COOLIE, SINCE DEAD BY HIS LR'S,
K. SRINIVAS MURTHY @ SRINIVAS, S/O B. KARIYAPPA, AGED ABOUT 44 YEARS,
2.
SMT. ROOPA W/O K. SRINIVAS MURTHY @ SRINIVAS, AGED ABOUT 31 YEARS, OCC:HOUSE WIFE,
3.
KUM. JAYASHREE D/O K. SRINIVAS MURTHY AGED ABOUT 10 YEARS, OCC:STUDENT,
SINCE MINOR REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN K. SRINIVAS MURTHY, S/O B. KARIYAPPA
Digitally signed by H K HEMA Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:23896 MFA No. 263 of 2015
ALL ARE R/AT NO.D-128, JANATHA COLONY, MYSORE ROAD, HALE GUDDADAHALLI, BANGALORE-560026. …APPELLANTS (BY SRI. V. MAHESH, ADVOCATE) AND:
1.
MR. G A NAGENDRA AGE: MAJOR, OCC:BUSINESS, R/AT NO.26/1, PUTTANNA ROAD, OPP. MALLIKARJUNA TEMPLE STREET, BASAVANAGUDI, BANGALORE-560 004.
2.
THE MANAGER NEW INDIA ASSURANCE CO. LTD., THIRD PARTY CLAIMS HUB, 3RD FLOOR, MAHALAKSHMI CHAMBERS, 9/2, M.G. ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. ABHINAV R., ADVOCATE FOR R.1;
SRI A. RAVISHANKAR, ADVOCATE FOR R.2.)
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD PASSED BY THE HON'BLE VII ADDITIONAL SCJ & XXXIII ACMM., MEMBER M.A.C.T. (SCCH-5) MVC.NO.7803/2010 AT BANGALORE DATED 27.05.2014 MAY KINDLY BE SET ASIDE BY ALLOWING THIS APPEAL AND ENHANCE A COMPENSATION OF RS.19,70,000/- WITH 12% INTEREST PER ANNUM MAY KINDLY BE GRANTED IN THE INTEREST OF JUSTICE AND EQUITY.
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HC-KAR NC: 2025:KHC:23896 MFA No. 263 of 2015
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA
ORAL JUDGMENT
Appellant No.1 and respondent No.1 are present. Their respective advocates are present. A joint memo is filed by both the parties. It is signed by appellant No.1 and respondent No.1 as well as their respective advocates. On enquiry, they submit that the matter is settled for Rs.75,000/-. Respondent No.1 has handed over cheque of Rs.75,000/-. The particulars of the cheque are mentioned in the joint memo and appellant No.1 acknowledges receipt of the said cheque in full and final satisfaction of the award passed by the Tribunal.
2.
Learned counsel for appellant No.1 submits that the Tribunal has dismissed the claim petition against petitioner Nos.2 and 3 and they have not filed any appeal and they are none other than the wife and daughter of appellant No.1. They have no objection for receiving the amount by appellant No.1 and settling the dispute fully and finally on their behalf also.
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HC-KAR NC: 2025:KHC:23896 MFA No. 263 of 2015
3.
Learned counsel for appellant No.1 further submits that this compromise is subject to realization of amount of the cheque. The said fact is also mentioned in the joint memo. The compromise appears to be legal. Therefore, it is accepted.
4. The appeal is disposed of in terms of the joint memo. This settlement is subject to realization of the cheque. Draw the award accordingly.
Sd/- (UMESH M ADIGA) JUDGE
VMB List No.: 1 Sl No.: 24