- 1 - HC-KAR NC: 2025:KHC-D:14105 MFA No. 20152 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.20152 OF 2013 (MV) BETWEEN: CHANDRAKUMAR S/O. HANUMANTHAPPA MATTIMANI, AGE: 29 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: SRIRAMANAKOPPA VILLAGE, TQ: HIREKERUR, NOW C/O. RAJESHWARI NAGAR, RANEBENNUR, DIST: HAVERI. …APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE FOR SRI. M.H. PATIL, ADVOCATE) AND: 1. BASAVARAJ PUTTAPPA CHAKRASALI, AGE: MAJOR, OCC: BUSINESS, R/O: HAMSABHAVI VILLAGE, TQ: HIREKERUR, DIST: HAVERI. 2. RELIANCE GENERAL INSURANCE CO., GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:14105 MFA No. 20152 of 2013 V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI. 3. SRI. NOORAHMED S/O. MABHUSAB MALLADA, AGE: MAJOR, OCC: BUSINESS, R/O: HOSARITTI VILLAGE, TQ AND DIST: HAVERI. …RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2; R1 & R3 NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL FOR THE RECORDS FROM THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RANEBENNUR IN M.V.C.NO.413/2011 DATED 29-09-2012; MODIFY THE JUDGMENT AND AWARD PASSED BY THE LEARNED JUDGE AND ENHANCE THE COMPENSATION AS PRAYED FOR BY ALLOWING THIS APPEAL; ANY OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:14105 MFA No. 20152 of 2013 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) This appeal is the outcome of the award that is passed by the Additional Motor Accident Claims Tribunal, Ranebennur in MVC 413 of 2011 dated 29.09.2012. 2. Heard Sri Vishwanath Hegde, who appears before this Court physically and represents Sri Patil M.H. learned counsel on record for the appellant. Also heard Sri G.N.Raichur, learned counsel for respondent No.2, who appears through Video Conference. 3. Learned counsel for the appellant submits that a mediation process went on and a proposal was made by the appellant that he is willing to receive Rs.1,25,000/- towards full and final settlement. Learned counsel states that respondent No.2 accepted the proposal but he did not sign on the joint memo. 4. The submission that is made by Sri G.N.Raichur, learned counsel for respondent No.2 on the other hand is - 4 - HC-KAR NC: 2025:KHC-D:14105 MFA No. 20152 of 2013 that the appellant is not entitled for Rs.1,25,000/- in addition to the sum that is awarded by the tribunal and therefore respondent No.2 failed to sign the joint memo. The learned counsel submits that under all heads, the enhancement cannot be more than Rs.90,000/- and therefore the case may be disposed of granting additional sum of Rs.90,000/- globally which includes interest. 5. Learned counsel who appears for the appellant seeks the Court to dispose of the matter in the light of the submission that is made by Sri G.N.Raichur, learned counsel for respondent No.2. 6. On going through the impugned order, this Court is of the view that the case as prayed for can be disposed of enhancing compensation by Rs.90,000/- globally as sought for. Thus the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. - 5 - HC-KAR NC: 2025:KHC-D:14105 MFA No. 20152 of 2013 (ii) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Ranebennur, through orders in MVC No.413 of 2011 dated 29.09.2012 is enhanced by Rs.90,000/-. (iii) Respondent No.2 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. Failure to make such deposit within the time granted will result in payment of interest @ 6% per annum on the enhanced sum from the date of petition till the date of deposit. (iv) On deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 27