- 1 - HC-KAR NC: 2025:KHC:25230 MFA No. 5705 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 5705 OF 2017 (MV-I) BETWEEN: RINSHA T V W/O. SANDEEP DINESH, AGED ABOUT 25 YEARS, R/AT NO. A-18/32, BRIGADE MEADOUS, KANAKAPURA ROAD, BANGALORE - 82. WORKING AT SRI. SUMERU REALTY PVT. LTD., NO. 1, TRIPURA, SOUDHAMINI ESTATE, NEXT TO ART OF LIVING ASHRAM, NEAR UDAYAPURA, BANGALORE - 82. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO. 31, GROUND FLOOR, TBR TOWER, 1ST CROSS, NEW MISSION ROAD, BANGALORE STOCK EXCHANGE, BANGALORE - 27. (INSURER OF OFFENDED VEHICLE MOTOR BIKE BEARING NO. KA-42-R-6744) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25230 MFA No. 5705 of 2017 2. MR. KUMAR P, S/O. PAPANNA, DODDA MARALAVADI VILLAGE AND POST AND HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 573 201 (R C OWNER CUM RIDER OF MOTOR BIKE BEARING NO. KA-42-R-6744), AS PER DL ADDRESS: NO. 1915/1, 2ND MAIN, 22ND CROSS, JAYANAGAR, 6TH BLOCK, BANGALORE. …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R1; VIDE ORDER DATED 02.03.2022, NOTICE TO R2 IS DISPENSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.03.2017 PASSED IN MVC NO.3852/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER M.A.C.T., BENGALURU(SCCH-24) ON THE FILE OF PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant and learned counsel for the respondent No.1-Insurance Company, filed a joint memo which reads as follows; - 3 - HC-KAR NC: 2025:KHC:25230 MFA No. 5705 of 2017 That, the above matter has been settled, out of court between the parties for Rs.1,80,000/- globally. Wherefore, it is humbly prayed that the above matter may be disposed off accordingly. Hence this memo. In view of the same, the following; ORDER i) The appeal is allowed in part; ii) The judgment and award dated 28.3.2017 passed in MVC No.3852/2015 by the XXII Addl. Small Causes Judge & XX A.C.M.M. & Member M.A.C.T., Bengaluru, is modified to the extent of holding that the claimant shall be entitle to a further compensation of Rs.1,80,000/- which shall be inclusive of interest, in addition to the compensation awarded by the Tribunal. iii) The Respondent No.1-Insurer herein shall deposit the said amount of Rs.1,80,000/- within four weeks'. - 4 - HC-KAR NC: 2025:KHC:25230 MFA No. 5705 of 2017 iv) Records of the Tribunal be transmitted to the Tribunal forthwith. Sd/- (C.M. POONACHA) JUDGE SRK List No.: 1 Sl No.: 21 CT: BHK