- 1 - HC-KAR NC: 2025:KHC-D:11104 MFA No. 105401 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 105401 OF 2024 (MV-I) BETWEEN: 1. SHRI. KAREPPA S/O BASAVARAJ BEKKINKERI AGE. 26 YEARS, OCC. PRIVATE SERVICE, R/O. NO. 12, LAXMI GALLI, GOKAK ROAD, KHANAGAON B.K. VILLAGE, TALUKA AND DIST. BELAGAVI. 591344 …APPELLANT (BY SRI. ASHOK A NAIK, ADV) AND: 1. SHRI. BASAVARAJ SHIVALINGAPPA MUGALIHAL, SINCE DECEASED BY HIS LEGAL REPRESENTATIVE SMT. RAJASHREE W/O BASAVARAJ MUGALIHAL, AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. GUJANAL, AT. POST. ANKALAGI, TAL. GOKAK- 591307. 2. KIRAN S/O BASAVARAJ MUGALIHAL AGE. 27 YEARS, OCC. STUDENT, R/O. GUJANAL, AT. POST. ANKALAGI, TAL. GOKAK- 591307. 3. SOUMYA D/O BASAVARAJ MUGALIHAL AGE. 25 YEARS, OCC. NIL, R/O. GUJANAL, AT. POST. ANKALAGI, TAL. GOKAK- 591307. 4. SHIVALINGAPPA S/O RAMAPPA MUGALIHAL AGE. 93 YEARS, OCC. NIL, R/O. GUJANAL, AT. POST. ANKALAGI, TAL. GOKAK- 591307. MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.06 12:19:17 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11104 MFA No. 105401 of 2024 5. SMT. KASTHURI SHIVALINGAPPA MUGALIHAL AGE. 80 YEARS, OCC. HOUSEHOLD WORK, R/O. GUJANAL, AT. POST. ANKALAGI, TAL. GOKAK- 591307. 6. THE ORIENTAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL MANAGER DIVISIONAL OFFICER AT: AMAR EMPIRE’ GOAVES BESIDES RELIANCE DIGITAL BELAGAVI- 590001. …RESPONDENTS (BY SRI. M.K. SOUDAGAR, ADV FOR R6, NOTICE TO R1 TO R5 ARE DISPENSED WITH) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.04.2024 PASSED IN MVC NO.2140/2022 ON THE FILE OF THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDL. MACT, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The Learned counsel for the parties jointly filed a memo stating that, there is no dispute regarding the occurrence of accident, and regarding the liability of the Insurance Company. However, as the compensation - 3 - HC-KAR NC: 2025:KHC-D:11104 MFA No. 105401 of 2024 awarded under conventional heads is not just and reasonable, the appellant agrees for the award of additional global compensation of Rs.50,000/- without any interest. 2. The Memo is placed on record. 3. The appeal is disposed of in terms of the memo. 3.1. In view of disposal of the appeal, pending interlocutory application(s), if any, shall stand disposed of. 3.2. The Office is directed to transmit the Trial Court records to the Tribunal, forthwith. Sd/- (ASHOK S. KINAGI) JUDGE PA CT: BSB List No.: 1 Sl No.: 42