- 1 - NC: 2025:KHC-D:3687 MFA No. 103122 of 2018 C/W MFA No. 103817 of 2018 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103122 OF 2018 (WC) C/W MISCELLANEOUS FIRST APPEAL NO.103817 OF 2018 IN M.F.A. NO.103122 OF 2018 BETWEEN: REGIONAL CLAIM MANAGER, SHRIRAM GENERAL INS. COM. LTD., 3RD FLOOR, S AND S CORNER BUILDING, OPP: BOWRING HOSPITAL, SHIVAJINAGAR, BENGALURU, REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI NAGARAJ C.KOLLOORI, ADVOCATE) AND: 1. VISHWANATH @ VISHWANATTHAYYA S.M. S/O. SHIVASHANKARAYYA, AGE: 26 YEARS, OCC: DRIVER, R/O: ITAGI, TQ: HOVINAHADAGALI, DIST: BELLARY, NOW @ HANAMAPUR, RANEBENNUR, DIST: HAVERI, PIN CODE: 581115. 2. S.M. SHIVASHANKARAIYYA S/O. CHANDRAGOUDA, AGE: MAJOR, OCC: OWNER, R/O: H.NO.8/41, W.NO.8, ITAGI KOTE, ITAGI, TQ: HIVINAHADAGALI, DIST: DAVANAGERE, PIN CODE:583219. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30 OF WORKMEN COMPENSATION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 05.06.2018 PASSED BY THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR IN ECA NO.1/2015 AND THIS COURT MAY PASS ANY Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3687 MFA No. 103122 of 2018 C/W MFA No. 103817 of 2018 SUCH ORDERS AS DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCE OF THE CASE, INCLUDING THE COSTS OF THE ABOVE PROCEEDING IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A. NO.103817 OF 2018 BETWEEN SRI VISHWANATH @ VISHWANATHAYYA S.M. S/O. SHIVASHAKARAYYA, AGE: 26 YEARS, OCC: DRIVER, R/O: ITAGI, TQ: HUVINAHADAGALI, DIST: BALLARI, NOW @ HANUMAPUR, TQ: RANEBENNUR, DIST: HAVERI. ...APPELLANT (BY SRI C.M. HOSAMANI, ADVOCATE) AND 1. S.M. SHIVASHAKARAIYYA S/O. CHANDRAGOUDA, AGE: MAJOR, OCC: OWNER OF THE VEHICLE, R/O: H.NO.8/41, W.NO.8, ITAGI KOTE, TQ: HUVINAHADAGALI, DIST: DAVANAGERE-577610, (OWNER OF THE VEHICLE BEARING REG.NO.KA-35/A-2916). 2. REGIONAL CLAIMS MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., 3RD FLOOR, S AND S CORNER BUILDING, OPP. BOWRING HOSPITAL, SHIVAJINAGAR, BENGALURU-560001, (INSURER OF THE VEHICLE BEARING REG.NO.KA-35/A-2916). RESPONDENTS (BY SRI N.C. KOLLOORI, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 30(1) OF THE EMPLOYEES COMPENSATION ACT, 1923, PRAYING TO ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION FROM RS.1,82,305/- TO RS.10,50,000/- BY MODIFYING THE JUDGMENT AND AWARD OF THE PRINCIPAL SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR, DATED 05.06.2018 IN ECA NO.1/2015, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:3687 MFA No. 103122 of 2018 C/W MFA No. 103817 of 2018 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsels for the appellants and respondents filed a joint memo stating that the matters are settled out of Court for a lump sum of Rs.3,00,000/- as a full and final settlement. 2. The joint memo is placed on record. 3. In terms of joint memo, both the appeals are disposed off. 4. Draw award in terms of joint memo. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE PMP List No.: 1 Sl No.: 5