- 1 - NC: 2025:KHC-D:5659 MFA No. 102597 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 102597 OF 2023 (MV-I) BETWEEN: THE LEGAL CLAIMS MANAGER, M/S. CHOLAMANDALAM M. S. GENERAL INSURANCE CO. LTD., 77/1, 1ST FLOOR, V. A. KALBURGI SQURE, DESAI CROSS, DESHPANDE NAGAR, HUBBALLI, REPRESENTED BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. KRISHNAMURTHY S/O. SHEKHARAPPA, AGE 38 YEARS, OCC: HOTEL WORK, (NOW NIL), R/O. RAMESHWARA VILLAGE, YARAGANAL POST, IN NYMATHI TALUKA, DIST. DAVANAGERE, NOW VAGEESH NAGAR, 3RD CROSS, RANEBENNUR, DIST. HAVERI-581115. 2. HARISH CHANDRAPPA M. S/O. MARI KENCHAPPA, AGE MAJOR, OCC: BUSINESS WORK, R/O. MIC 179, NANDHI SHREE, KHB COLONY, VINOBA NAGAR, SHIVAMOGGA-577204. …RESPONDENTS (BY SRI. G. N. NARASAMMANAVAR, ADV. FOR R1) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 12.12.2022 PASSED BY II ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT RANEBENNUR IN MVC NO.1168/2019 AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench. - 2 - NC: 2025:KHC-D:5659 MFA No. 102597 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) 1. Learned counsel appearing for parties are present and file a joint memo stating that the matter is settled between the parties. 2. The appellant-insurer has agreed to pay and the respondents-claimants have agreed to receive a sum of Rs.13,40,500/- (Rupees thirteen lakhs forty thousand five hundred only), *in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 3. The joint memo is taken on record. 4. The appellant – Insurance Company has agreed to deposit the said amount before the Tribunal within six weeks from the date of preparation of Award, failing which the said amount shall carry interest at the rate of 9% p.a. from the date of default, till the date of deposit. The parties are not entitled to any cost. * Deleted Vide Court Order Dated 17.04.2025. Sd/- (UMBAJ) Judge - 3 - NC: 2025:KHC-D:5659 MFA No. 102597 of 2023 5. The order of apportionment, deposit and release ordered by the Tribunal shall hold good for the compensation awarded in this appeal. 6. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The judgment and award of the Tribunal shall stand modified accordingly. The Registry to draw up the award accordingly. Sd/- (UMESH M ADIGA) JUDGE KGK /CT-AN List No.: 1 Sl No.: 18