- 1 - HC-KAR NC: 2025:KHC-D:7971 MFA No. 104585 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 104585 OF 2023 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, SRIRAM GENERAL INSURANCE COMPANY LIMITED, CST NO.477/1M-1 1ST FLOOR, V.A. KALABURGI HALLMARK, DESAI CROSS, PINTO ROAD, HUBLI, KARNATAKA-580 020, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY. … APPELLANT (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. SMT. SARASWATHI W/O VENKATESHA BHOVIWADDAR, AGE: 39 YEARS, HOUSE WIFE, 2. DEVARAJA S/O VENKATESHA BHOVIWADDAR, AGE: 20 YEARS, COOLIE, 3. MANJUNATHA S/O VENKATESHA BHOVIWADDAR AGE: 23 YEARS, COOLIE, Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7971 MFA No. 104585 of 2023 ALL ARE RESIDING AT KODAMBI VILLAGE, MUNDAGOD TALUK, DISTRICT: UTTARA KANNADA, PRESENTLY RESIDING AT SURALESHWARA VILLAGE, TQ: HANGAL, DIST: HAVERI-581 102. 4. SMT. GANGAMMA W/O MANJUNATHA BHOVI, AGE: 21 YEARS, HOUSE WIFE R/AT: KURLI VILLAGE, TQ: MUNDAGOD, DIST: UTTARA KANNADA, PRESENTLY RESIDING AT SURALESHWARA VILLAGE, TQ: HANGAL, DIST: HAVERI-581 102. 5. SRI. SHIVARAJA S/O SHRISHAILA KUMBAR, MAJOR, BUSINESS AND OWNER OF TOURS DESIRE CAR BEARING NO. KA-03/AH-2842, R/AT: NANDI VILLAGE, TALUK: BIJAPUR, DIST: BIJAPUR-586 102. … RESPONDENTS (BY SRI. R.H. ANGADI, ADVOCATE FOR R1 TO R4) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, SET ASIDE THE JUDGMENT AND AWARD DATED 24.06.2023 PASSED IN MVC NO.738/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, AT HANGAL. THIS APPEAL, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7971 MFA No. 104585 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) The appellant and respondents are present before this Court and submitted a joint memo signed by themselves along with their respective Advocates, stating that the matter is compromised for Rs.25,00,000/- (Rupees Twnety Five Thousand only) in lump sum and prays to pass an award. 2. Upon enquiry, the appellant and respondents have stated that there is no coercion or undue influence and as per their own will and volition, they have compromised the matter with each other. 3. Accordingly, the joint memo is placed on record. 4. The apportionment of the compensation amount shall be in terms of order passed by the Tribunal. 5. The statutory deposit made by the appellant before this Court shall be transmitted to the Tribunal and 50% of the compensation amount deposited by the appellant before the Tribunal shall also be apportioned among the respondents in terms of award of the Tribunal. - 4 - HC-KAR NC: 2025:KHC-D:7971 MFA No. 104585 of 2023 6. Draw award in terms of joint memo. The joint memo shall be part and parcel of the award. 7. In terms of the joint memo, the appeal is disposed of. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA CT:BCK LIST NO.: 1 SL NO.: 56