- 1 - HC-KAR NC: 2025:KHC:34276 MFA No. 5303 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5303 OF 2014 (MV-I) BETWEEN: DEVEGOWDA S/O LATE CHIKKADEVEGOWDA, AGED ABOUT 49 YEARS, R/O BOOTHANAHOSUR VILLAGE MANDYA TALUK, MANDYA DISTRICT-571 406 …APPELLANT (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. H L SUVARNA W/O SHANKARA D MAJOR, R/O SAGYA VILLAGE, N HALASAHALLY POST, MALAVALLY TALUK, MANDYA DISTRICT-571 415 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD, NEW MUSLIM HOSTEL COMPLEX, OPP.FIRE BRIGADE STATION, SARASWATHIPURAM, MYSORE-570 020 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:34276 MFA No. 5303 of 2014 3. MOHD. SHAFIULLA S/O MOHD.IMAM, MAJOR, IDGA MOHALLA, KOLLEGALTOWN, CHAMARAJANAGAR DISTRICT-570 045 4. THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD. M C ROAD,MANDYA-571 401 …RESPONDENTS (BY SRI. C SHANKAR REDDY, ADVOCATE FOR R4; SRI.H.C.VRUSHABENDRIAH, ADVOCATE FOR R2; V/O DATED 08/11/2016 NOTICE TO R1 AND R3 ARE D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.5.2012 PASSED IN MVC NO.459/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, CJM, MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2025:KHC:34276 MFA No. 5303 of 2014 ORAL JUDGMENT This appeal is preferred against the award dated 31.05.2012 passed in MVC No.459/2010 by the Additional Senior Civil Judge and CJM, MACT, Mandya (for short 'Tribunal'). 2. Heard the learned counsel for the appellant. 3. The case of the petitioner is that on 02.03.2008 he was traveling in a bus bearing reg.no.KA.09/K-1659 from Boothanahosur to Malavally at about 9.45 a.m., when the said bus came on the tank bund road of Malavally tank, a lorry bearing reg.no.KA.12/3362 was also moving ahead of the said bus. Further the driver of the bus in order to overtake the lorry, drove the bus in a very rash and negligent manner with high speed and as a result of such driving, the said bus took right side and fell into the Malavally tank. Consequently, the petitioner and inmates of the said bus sustained grievous injuries. After the accident the petitioner took treatment at Malavally and - 4 - HC-KAR NC: 2025:KHC:34276 MFA No. 5303 of 2014 thereafter shifted to District hospital, Mandya. The petitioner had sustained the injuries. 4. The injured claimant filed claim petition claiming compensation of Rs.6,54,000/-. The Tribunal considering the oral and documentary evidence on record, granted Rs.82,040/- with interest at the rate of 9% p.a. from respondent Nos.1 to 4. 5. The owner of the vehicle insured the vehicle; hence, the insurance company was held liable to pay 50% of the award along with interest at 9% per annum. Consequently, both insurance companies, i.e., respondent Nos.2 and 4, were directed to deposit 50% of the compensation each. 6. Aggrieved by the said order, the present appeal was filed. During the pendency of the appeal, the both parties have compromised to enter into the settlement before the Mega Lok Adalath on 18.12.2021. - 5 - HC-KAR NC: 2025:KHC:34276 MFA No. 5303 of 2014 7. As per the settlement, Respondent Nos.2 and 4 have agreed to pay a lump-sum amount of Rs.70,000/- (in the ratio of 50% each), in addition to the amount already awarded by the Tribunal, in full and final settlement of the claim. 8. In view of the above, respondent Nos.2 and 4 are directed to deposit 50% amount within four weeks from today *. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. Accordingly, the appeal is disposed of. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 19 * Deleted as per Court order dated 22.09.2025.