- 1 - NC: 2025:KHC-D:4031 MFA No. 100681 of 2016 C/W MFA No. 103491 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.100681 OF 2016 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.103491 OF 2015 IN M.F.A. NO.100681 OF 2016 BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., 10003-E.8, RUCO INDUSTRIAL AREA SITAPURA, JAYPUR, RAJASTHAN, NOW AT: NO.5/4, 3RD FLOOR, S.V. ARCADE, BELEKAHALLI MAIN ROAD, OFF. BENNURUGHATTA ROAD, II MB POST, BENGALURU. REPTD BY AUTHORIZED SIGNATORY. …APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. SANTOSH S/O. NAGESH @ NAGAPPA DONYANAVAR, AGE: 29 YEARS, OCC: MASON, R/O: 647, SIDDESHWAR GALLI, YELLUR, TQ: AND DIST: BELAGAVI. 2. KISHORBALRAJ S/O. ANTONY RAJ, AGE: MAJOR, OCC: BUSINESS, R/O: 113, GOPALSWAMY VATARA, R.C. COLLEGE ROAD, HASSAN, TQ: AND DIST: HASSAN. …RESPONDENTS (NOTICE TO R1 IS SERVED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT & AWARD DATED 21.08.2015, PASSED IN MVC NO.1189/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4031 MFA No. 100681 of 2016 C/W MFA No. 103491 of 2015 JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AND ETC., IN M.F.A. NO. 103491 OF 2015 BETWEEN: SHRI. SANTOSH S/O. NAGESH @ NAGAPPA DONYANAVAR, AGE: 29 YEARS, OCC: MASON, NOW NIL, R/O: 647, SIDDESHWAR GALLI, YELLUR, TQ: AND DIST: BELAGAVI. …APPELLANT (BY SRI HARISH S.MAIGUR, ADVOCATE) AND: 1. SHRI. KISHORBALRAJ S/O. ANTONY RAJ, AGE: MAJOR, OCC: BUSINESS, R/O: 113, GOPALSWAMY VATARA, R.C. COLLEGE ROAD, HASSAN, TQ: AND DIST: HASSAN. 2. SHRIRAM GENERAL INSURANCE COMPANY LTD., 10003-E.8. RUCO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302022. …RESPONDENTS (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD DATED 21.08.2015, PASSED IN MVC NO.1189/2012 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT BELAGAVI AND ETC., THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: - 3 - NC: 2025:KHC-D:4031 MFA No. 100681 of 2016 C/W MFA No. 103491 of 2015 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for the appellants and respondents have submitted and filed joint memo stating that the matter is settled between the parties for lump sum of Rs.3,75,000/- and hence, requested to dispose of the appeal. The said submissions and joint memo are placed on record. In terms of the joint memo, both the appeals are disposed of. Draw award accordingly. Entire amount shall be released in favour of the claimant. Amount in deposit made by the appellant/Insurance Company in MFA No.100681/2016 shall be transmitted to the Tribunal. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 2