- 1 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MFA CROSS OBJECTION NO.124/2013 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO.4395/2013 (MV-D) IN MFA.CROB No. 124/2013 BETWEEN: 1. M D THIMMEGOWDA S/O LATE DASEGOWDA AGED ABOUT 47 YEARS 2. SMT.MAHADEVAMMA AGED ABOUT 37 YEARS 3. SMT.P.T. SUNITHA D/O M.D. THIMMEGOWDA AGED ABOUT 21 YEARS ALL ARE RESIDENTS OF R/O PUTTEGOWDANADODDI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 401 …CROSS OBJECTORS (BY SRI.D.V.VENKATESH, ADVOCATE) AND: 1. S MAHADEVA AGED ABOUT 54 YEARS NO.1, 2ND CROSS, 6TH MAIN ROAD KHB COLONY, BASAVESHWARA NAGARA BANGALORE – 560 079 R/O KUNAMUDDANAHALLI VILLAGE BELABUMBA POST, KOOTAGALLU HOBLI Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013 RAMANAGARA TALUK & DISTRICT – 562 159 (OWNER OF THE BUS NO.KA-42-Z-4668) 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD. ZENITH HOUSE, KESHAVARAO KHADYA MARG 2ND FLOOR, MAHALAXMI MUMBAI – 400 008 … RESPONDENTS (BY SRI. A M VENKATESH, ADVOCATE FOR R2; VIDE ORDER DTD:10.10.2019 CROSS OBJECTION AGAINST R1 IS ABATED) MFA CROSS OBJECTION IN MFA NO.4395/2013 IS FILED UNDER ORDER XLI RULE 22 OF CPC READ WITH SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.03.2013 PASSED IN MVC NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 4395/2013 BETWEEN: M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED ZENITH HOUSE KESHAVARAO KHADYA MARG 2ND FLOOR, MAHALAXMI MUMBAI NOW REP. BY M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED NO.204, 1ST FLOOR MYTHRI ARCADE KANTHARAJ URS ROAD SARASWATHIPURAM MYSORE – 570 001 REP. BY ITS MANAGER LEGAL … APPELLANT (BY SRI. A M VENKATESH,ADVOCATE) - 3 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013 AND: 1. M D THIMMEGOWDA S/O LATE DASEGOWDA AGED ABOUT 47 YEARS 2. SMT.MAHADEVAMMA W/O M D THIMMAGOWDA AGED ABOUT 37 YEARS 3. SMT.P.T. SUNITHA D/O M.D. THIMMEGOWDA AGED ABOUT 21 YEARS ALL ARE RESIDENTS R/O PUTTEGOWDANADODDI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 401 4. S. MAHADEVA S/O LATE SHIVANNEGOWDA AGED ABOUT 54 YEARS NO.1, 2ND CROSS, 6TH MAIN ROAD KHB COLONY BASAVESHWARANAGAR BANGALORE - 560079 R/O KUNAMUDDANAHALLI VILLAGE BELABUMBA POST KOOTAGALLU HOBLI RAMANAGAR TALUK AND DISTRICT – 562 119 … RESPONDENTS (BY SRI.D.V.VENKATESH, ADVOCATE FOR R1 TO R3; APPEAL AGAINST R4 IS ABATED V/O DTD:10.10.2019 MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE ORDER DATED 21.03.2013 PASSED IN MVC NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, AWARDING A COMPENSATION OF RS.3,75,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. MFA CROSS OBJECTION AND MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013 CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Peremptory order dated 13.01.2025 is not complied. Therefore, Cross-objection and appeal already stood dismissed. No further orders are required. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE PKN List No.: 1 Sl No.: 46