- 1 - HC-KAR NC: 2025:KHC-D:13841 MFA No. 100462 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100462 OF 2018 (MV-I) BETWEEN: MALIYAPPA S/O. YALLAPPA, AGED ABOUT 45 YEARS, OCC: DRIVER, R/O. RAMPURA VILLAGE, MOLAKALMURU TALUK, NOW R/O. HALAKUNDI VILLAGE, BALLARI TALUK-583101. …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. RAGHU @ B.R. RAGHURAME GOUDA, S/O. RANGAPPA B.S., AGE: MAJOR, DRIVER OF THE LORRY BEARING NO. KA-02/AA-4849, R/O. B G HALLI, GUBBI TALUK, TUMKUR DISTRICT. 2. SMT. UMA R. W/O. RAJANNA A., AGE: MAJOR, OCC: OWNER OF LORRY BEARING NO. KA/02/AA-4849, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:13841 MFA No. 100462 of 2018 R/O. 1ST D-CROSS, 2ND STAGE, 4TH BLOCK, BASAVESHWARA NAGAR, BENGALURU-560079. 3. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO.4/3/-1, AND 3/2, 11TH MAIN, 3RD BLOCK, JAYANAGAR, BENGALURU-560061. …RESPONDENTS (BY SRI. MALLIKARJUN FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATES FOR R3; R1 & R2-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT PRAYING TO ALLOW THE APPEAL BY MODIFYING THE JUDGMENT AND AWARD DATED 1.10.2012 PASSED BY MACT-II, BALLARI IN M.V.C.NO.212/2012 BY ENHANCING THE COMPENSATION AND AWARDING A TOTAL COMPENSATION OF RS.10,00,000/- TO THE APPELLANT AND PASS SUCH OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:13841 MFA No. 100462 of 2018 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-II, Bellary (hereinafter referred to as ‘the Tribunal’ for brevity) in M.V.C. No.212/2012 dated 01.10.2012. 2. Heard Sri.Y.Lakshmikant Reddy learned counsel for the appellant as well as Sri.Mallikarjun who represents Sri.Nagaraj C.Kolloori learned counsel on record for respondent No.3. Both the counsel submit that they, in consultation of their clients, have arrived at a settlement. Respondent No.3 agreed to pay a sum of Rs.1,00,000/- in addition to the sum that is granted by the Tribunal as compensation and the appellant agreed to receive the same towards full and final settlement. A memo to that effect is also filed. - 4 - HC-KAR NC: 2025:KHC-D:13841 MFA No. 100462 of 2018 3. Thus, considering the submission made and the contents of the memo, the appeal is disposed of with the following: ORDER (i) The compensation as granted by the Motor Accident Claims Tribunal-II, Bellary through orders in M.V.C. No.212/2012 dated 01.10.2012 is enhanced by Rs.1,00,000/-. (ii) Respondent No.3 shall deposit the enhanced sum within a period of six weeks from the date of receipt of certified copy of this judgment. (iii) In case, such deposit is not made within time granted, the enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. - 5 - HC-KAR NC: 2025:KHC-D:13841 MFA No. 100462 of 2018 (iv) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH List No.: 1 Sl No.: 45