- 1 - NC: 2025:KHC-D:5811-DB MFA No.102934 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102934 OF 2023 (MV-D) BETWEEN: THE MANAGER, CHOLMANDALAM MS GENERAL INSURANCE CO. LTD., HAVING ITS DIVISIONAL OFFICE #208 CTS NO.4818/9B, NABBUWALE BUILDING, BEHIND S.P. OFFICE ROAD, SUBHASH NAGAR, BELGAUM-580016 NOW R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. SUBHASH J.BADDI, ADVOCATE) AND: 1. SHRI AJJAPPA S/O SIDDAPPA TURAMARI AGE. 32 YEARS, OCC. AGRICULTURAL COOLIE, 2. KUMAR KAREPPA S/O AJJAPPA TURAMARI AGE. 04 YEARS, OCC. NIL, 3. KUMAR SHIVAJI S/O AJJAPPA TURAMARI AGE. 07 YEARS, OCC. NIL, 4. KUMARI PRATIKSHA D/O AJJAPPA TURAMARI AGE. 10 YEARS, OCC. STUDENT, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5811-DB MFA No.102934 of 2023 ALL ARE R/O. CHUNCHNUR, TQ. RAMDURG, DIST. BELGAUM-591114. (SINCE R2 TO R4 ARE BEING MINORS BEING R/BY HIS NATURAL FATHER R1) 5. TAMMANNA S/O ADIVEPPA PUJERI AGE. MAJOR, OCC. AGRICULTURE, R/O. ITNAL, TQ. RAIBAG, DIST. BELAGAVI-591235. 6. CHETAN S/O UMESH HANJI AGE. MAJOR, OCC. BUSINESS, R/O. CHUNCHANUR, TQ. RAMDURG, DIST. BELGAUM-591114. 7. THE NATIONAL INSURANCE COMPANY LTD., HEAD OFFICE, 3 MIDDLETON STREET POST BOX NO.9229, KOLKATTA-700071. THROUGH THE DIVISIONAL MANAGER, THE NATIONAL INSURANCE COMPANY LTD., RAMADEV GALLI, BELGAUM-590001. 8. ASHOK, S/O BASAVVANI NIPANYAL AGE.MAJOR, OCC. AGRICULTURE, R/O. GUMACHANNAMARDI, P.O. PACHAPUR, TQ. GOKAK, DIST. BELAGAVI-591122. 9. SANGAPPA, S/O SANGANABASAPPA AVARADI, AGE.MAJOR, OCC. AGRICULTURE, R/O. TIRLAPUR, TQ. NAVALGUND, DIST. DHARWAD-582208. …RESPONDENTS (BY SRI. HANAMANT R. LATUR, ADVOCATE FOR R1 SRI. MADHUKESHWAR DESHPANDE, ADVOCATE FOR R7) (R2 TO R4 ARE MINORS R/BY R1) (NOTICE TO R5 & R8 IS SERVED) (NOTICE TO R6 & R9 IS DISPENSED WITH) - 3 - NC: 2025:KHC-D:5811-DB MFA No.102934 of 2023 THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 27.03.2023 PASSED BY THE IV ADDITIONAL DISTRICT JUDGE AND MACT-V BELAGAVI AT BELAGAVI IN MVC NO.193/2021 WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present appeal is filed by the insurer challenging the judgment and award dated 27.03.2023 passed in M.V.C. No.193/2021 by the IV Additional District Judge and Motor Accident Claims Tribunal-V, Belagavi1, whereunder the Tribunal has partly allowed the claim petition and awarded a total compensation of Rs.31,75,900/- together with interest at 6% per annum. 2. During the pendency of the above appeal, the parties have filed a Joint Memo placing on record that they have amicably settled the matter amongst themselves. In terms of the Joint Memo, the appellant insurer has agreed to 1 (Hereinafter referred to as ‘the Tribunal’) - 4 - NC: 2025:KHC-D:5811-DB MFA No.102934 of 2023 pay a sum of Rs.30,00,000/- to the claimants in full and final settlement of the claim of the claimants made in the claim proceedings, and the respondents/claimants have also agreed to receive the same. 3. In the Joint Memo, it is stated that out of the said amount of Rs.30,00,000/-, a sum of Rs.25,000/- has already been deposited before this Court towards statutory deposit, and further a sum of Rs.14,43,349/- has been deposited by the appellant in the above appeal in compliance of the interim order dated 21.07.2023 passed by this Court. The balance amount of Rs.15,31,651/- has been agreed to be paid by the appellant before the Tribunal within three months. 4. Hence, the following: ORDER i) The above appeal is partly allowed. ii) The judgment and award dated 27.03.2023 passed in M.V.C. No.193/2021 by the IV Additional District Judge and MACT-V, Belagavi, is modified to the extent of holding that the claimants are entitled to total compensation of Rs.30,00,000/-. - 5 - NC: 2025:KHC-D:5811-DB MFA No.102934 of 2023 iii) The said amount shall be deposited by the appellant- insurer as agreed to in the Joint Memo. iv) The amount in deposit made by the appellant in the above appeal shall be transmitted to the Tribunal together with the records for disbursement in terms of the judgment and award of the Tribunal. v) Modified award to be drawn accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS LIST NO.: 1 SL NO.: 24