- 1 - NC: 2025:KHC-D:4045 MFA No. 24799 of 2013 C/W MFA No. 24800 of 2013 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.24799 OF 2013 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.24800 OF 2013 IN MFA NO.24799/2013: BETWEEN: THE DIVISINAL MANAGER SHRIRAM GEN. INS. CO. LTD, BELAGAVI, NOW R/BY. ITS AUTHORIZED SIGNATORY, E-8, EPIP, RIICO, SITAPUR, JAIPUR RAJASTHAN-302022. … APPELLANT (BY SRI N.C. KOLLOORI, ADVOCATE) AND: 1. BABU RAMAPPA KITTUR AGE: 21 YEARS, OCC. HAMALI, R/O. CHIKKA ANGOLLI, TQ. KHANAPUR, DIST. BELAGAVI. 2. SRI TUKARAM RAMAPPA KITTUR AGE: MAJOR, OCC. BUSINESS, R/O. CHIKKA ANGOLLI, TQ. KHANAPUR, DIST. BELAGAVI. … RESPONDENTS (NOTICE TO R1 AND R2 ARE SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD DATED 27.08.2013, PASSED IN MVC.NO.707/2012 ON THE FILE OF THE MOTOR ACCIDENTS CLAIM TRIBUNAL AT KHANAPUR, AWARDING THE COMPENSATION OF Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4045 MFA No. 24799 of 2013 C/W MFA No. 24800 of 2013 RS.5,000/- WITH THE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO.24800/2013: BETWEEN: THE DIVISINAL MANAGER SHRIRAM GEN. INS. CO.LTD, BELAGAVI, NOW R/BY ITS AUTHORIZED SIGNATORY, E-8, EPIP, RIICO, SITAPUR, JAIPUR, RAJASTHAN-302022. … APPELLANT (BY SRI NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SRI SANTOSH KALLAPPA PATIL AGE: 23 YEARS, OCC. CLEANER AND AGRICULTURE, R/O. CHIKKA-ANGOLLI, TQ. KHANAPUR, DIST. BELAGAVI. 2. SRI TUKARAM RAMAPPA KITTUR AGE: MAJOR, OCC. BUSINESS, R/O. CHIKKA-ANGOLLI, TQ. KHANAPUR, DIST. BELAGAVI. … RESPONDENTS (BY SRI H.R. LATUR, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT 1988, AGAINST JUDGMENT AND AWARD DATED 27.08.2013, PASSED IN MVC.NO.708/2012 ON THE FILE OF THE MOTOR ACCIDENTS CLAIMS TRIBUNAL AT KHANAPUR, AWARDING THE COMPENSATION OF RS.4,11,000/- WITH THE INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION WITHIN ONE MONTH FROM THE DATE OF ORDER. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4045 MFA No. 24799 of 2013 C/W MFA No. 24800 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Since the award amount is Rs.5,000/-. Hence, appeal is not maintainable in view of Section 173(2) of Motor Vehicles Act. Therefore, the appeal is dismissed. IN MFA NO.24800/2013 Learned counsel for the appellant and respondents have submitted and filed joint memo stating that the matter is settled between the parties for lump sum of Rs.5,35,000/- as full and final settlement of the claim against the award of the Tribunal of Rs.4,11,000/- with 6% interest from the date of the petition till realization and hence, requested to dispose of the appeal. The said submissions and joint memo are placed on record. In terms of the joint memo, the appeal is disposed of. Draw award accordingly. - 4 - NC: 2025:KHC-D:4045 MFA No. 24799 of 2013 C/W MFA No. 24800 of 2013 Entire amount shall be released in favour of the claimant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM CT:PA List No.: 1 Sl No.: 60