- 1 - NC: 2025:KHC:10650-DB MFA No. 8075 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No.8075 OF 2017(MV-D) BETWEEN: 1. MS. RANJEETHA S. SOBARAD, AGED ABOUT 30 YEARS, W/O LATE SIDHARAMAPPA V SOBARAD 2. MASTER ABHISHEK R. SOBARAD AGED ABOUT 5 YEARS S/O LATE SIDDHARAMAPPA V. SOBARAD SINCE MINOR, REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, MS. RANJEETHA S. SOBARAD, BOTH ARE PRESENTLY RESIDING AT NO. 59/3, GROUND FLOOR, 2ND CROSS, SARASWATHIPURAM, NEAR JOGUPALYA COMMUNITY HALL, ULSOOR, BENGALURU – 560 008 …APPELLANTS (BY SRI RUKKOJI RAO H. S., ADVOCATE) AND: 1. MR.VEERABHADRAPPA, S/O SIDDARAMAPPA SOBARAD, AGED ABOUT 71 YEARS R/AT SIDDALONGA NIVAS, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10650-DB MFA No. 8075 of 2017 VAKKALAKERI STREET, NEAR RACHOWTESHWARA TEMPLE, GADAG - 01. 2. MR. CHINNARASU C., AGED ABOUT 50 YEARS, No.5/353, CHINNAPAIYAN V., PAPPARAPATTI MAIN ROAD, OPP. SIDE, SHANTHI RICE MILL, DHARAMPURI-01. 3. CHOLAMANDALAM MS GEN. INS. CO. LTD., 2ND FLOOR, DARE HOUSE, 2 NSC, BOSE ROAD, CHENNAI – 600 001. …RESPONDENTS (BY SRI M. SUBRAMANYA, ADVOCATE FOR R1; R2 SERVED, SRI B. PRADEEP, ADVOCATE FOR R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.07.2017 PASSED IN MVC No.1543/2014 ON THE FILE OF THE XIX ADDITIONAL SMALL CAUSES JUDGE, MACT AND XLI ACMM, BANGALORE (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:10650-DB MFA No. 8075 of 2017 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Appellant No.1, respondent No.1, learned counsels for appellant, respondent Nos.1 and 3 are present. Parties are identified by their respective counsel. 2. Appellant No.1 is the guardian of appellant No.2/minor. Appellant No.1 and respondent No.1 submit compromise petition under Order XXIII Rule 3 of CPC along with the affidavit of appellant No.1 and the certificate of counsel for appellant Nos.1 and 2 to the effect that the compromise is for the benefit of the minor-appellant No.2. 3. Heard learned counsel and the parties on the compromise petition. 4. Parties admit execution of compromise and the terms of the compromise. Respondent No.1 admits that he has agreed to pay Rs.3,00,000/- (Rupees Three Lakhs Only) out of 10% of the award amount apportioned to him. Appellant No.1 admits that she has agreed for release of the balance amount to respondent No.1. - 4 - NC: 2025:KHC:10650-DB MFA No. 8075 of 2017 5. Satisfied that the compromise is voluntary and admissible in law. Therefore, the same is recorded. Hence, the following; ORDER i) Appeal is allowed in-part. ii) The award to the extent of apportionment of award amount to claimant No.3/respondent No.1 is modified as follows; a) Claimant No.3 is entitled to 10% of the compensation awarded with accrued interest. Out of the said amount, Rs.3,00,000/- shall be invested in fixed deposit in any nationalised/scheduled Bank of the choice of claimant No.1 in the name of minor claimant No.2 till he attains majority. The balance amount shall be released to claimant No.3 on furnishing the required documents. Draw modified decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 27