- 1 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA M.F.A. NO. 100348 OF 2023 (MV-I) C/W. M.F.A. NO. 102149 OF 2020 (MV-I) IN MFA NO. 100348 OF 2023 BETWEEN: KHAJABI W/O. SALAVUDDIN WAJANTRI, AGE 37 YEARS, OCC: VEGETABLE BUSINESS, (NOW NIL), R/O. JANATA PLOT, MUDHOL, TQ AND DIST. BAGALKOT-587113. …APPELLANT (BY SRI. VITTHAL S. TELI, ADVOCATE) AND: PARASAPPA S/O. GURAPPA GANI, AGE MAJOR, OCC: AGRICULTURE, R/O. KULALI, MUDHOL, TQ AND DIST. BAGALKOT-587113. …RESPONDENT (BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI. SHIVARAJ P. MUDHOL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 24.02.2020 PASSED IN MVC NO.46/2019 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 TRIBUNAL XIV, MUDHOL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION IN MFA NO. 102149 OF 2020 BETWEEN: SHRI. PARASAPPA S/O. GURAPPA GANI, AGE 53 YEARS, OCC: AGRICULTURE, R/O. KULALI, TALUK: MUDHOL, DIST: BAGALKOT. …APPELLANT (BY SRI. ANAND BAGEWADI, ADVOCATE FOR SRI. SHIVARAJ P. MUDHOL, ADVOCATE) AND: SMT. KHAJABI W/O. SALAVUDDIN WAJANTRI, AGE 36 YEARS, OCC: NIL, R/O. JANATA PLOT, MUDHOL, TALUK: MUDHOL, DIST: BAGALKOT. …RESPONDENT (BY SRI. VITTHAL S. TELI, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 24.02.2020 IN MVC NO.46/2019 PASSED THE MOTOR VEHICLE CLAIMS TRIBUNAL XIV, MUDHOL AND REDUCE THE COMPENSATION BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Both the claimant and the owner of the vehicle, along with their respective advocates, are present and have filed a joint memo under Order XXIII Rule 3 of the CPC. The parties have settled the matter for a total sum of Rs.8,56,751/-. Out of this, an amount of Rs.3,36,751/- has already been deposited before this Court by the owner of the vehicle. Additionally, a cheque bearing No.498667, dated 15.04.2025, drawn on State Bank of India, Bakshi Road, Mudhol Branch for the balance amount of Rs.5,20,000/-, has been handed over in open Court. 2. Upon a query by the Court, the claimant submitted that she is aware of the contents of the compromise petition and has agreed to accept Rs.8,56,751/- in full an final settlement of her claim. Both parties have filed their respective affidavits in support of the compromise petition. - 4 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 3. The compromise petition reads as under: “COMPROMISE APPLICATION UNDER ORDER 23 RULE 3 R/W SECTION 151 OF CODE OF CIVIL PROCEDURE 1908 Herein, compromise petition on behalf of the appellant and respondent is as under, 1. That the above appeals are arising out of judgment and award dated 24/02/2020 passed in MVC No 46/2019 by the Motor Vehicle Accident Claims Tribunal XIV, Mudhol. 2. That the appellant/claimant has filed appeal seeking enhancement of compensation and respondent/owner has filed appeal challenging negligence. 3. That the appellant/claimant and respondent/ owner as per advice of the elder and family friend have decided to settle the matter as under; a. That the respondent/owner [appellant in MFA No 102149/2020] has agreed to pay compensation in full and final settlement a sum of Rs. 8,56,751/- b. The appellant/claimant [appellant in MFA no 100348/2023) has agreed to receive in full and final settlement a sum of Rs. 8,56,751/- and has appellant/claimant has no further any claim of what so ever against the respondent/owner [arising out of MVC No 46/2019] c. That the respondent/owner [appellant in MFA No 102149/2020] has deposited sum of Rs 3,36,751/- before this Hon'ble Court and balance amount of Rs 5,20,000/- is paid by way chaque bearing 498667 dated drawn on SBI Bank in favour of the appellant/claimant. - 5 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 d. That the respondent/owner [appellant in MFA No 102349/2020) has issued cheque bearing No 498667 in event of said cheque getting dishonoured, the compromise entered into, stand rescinded/recalled and appellant/claimant is entitled to recall, this compromise by filing necessary application seeking for restoration of appeals and appellant/claimant is entitled to prosecute the appeals. e. That the respondent/owner [appellant in MFA No 102149/2020] submits that the appellant/ claimant may withdraw the amount deposited before this Hon'ble Court [inclusive of interest any occurred] and the respondent/owner has no objection to release the said amount in favour the appellant/claimant. 4. That the appellant/claimant and respondent/ owner that they have entered into compromise voluntarily and out of their free will. 5. That the appellant/claimant and respondent/ owner that the compromised is arrived without any force, coercion, misrepresentation and out free consent. Wherefore, for the above stated amongst other reasons that the judgment and award dated 24.02.2016 in MVC No 46/2019 passed by MACT-14 Mudhol may kindly be modified in above terms, in the interest of justice and equity.” 4. In terms of the compromise petition filed by the parties, the appeals stand disposed off. - 6 - NC: 2025:KHC-D:6456 MFA No. 100348 of 2023 C/W MFA No. 102149 of 2020 5. The amount deposited by the owner of the vehicle shall be released in favour of the claimant as per the terms of the compromise petition. 6. The Registry is directed to draw the award accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 42