- 1 - NC: 2025:KHC-D:5079 MFA No. 103838 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MFA NO. 103838 OF 2023 (MV-I) BETWEEN: SHRI. MAHMAD HANIF S/O. MAHABUBSAB MUCHCHALE, AGE 31 YEARS, OCC: BUSINESS, NOW NIL, R/O. SHAHA BAZAR ONI, BANKAPUR, TQ. SAVANUR, DIST. HAVERI-581118. …APPELLANT (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. SHRI. DIPAK S/O. GOVIND JUGADHAR, AGE MAJOR, OCC: BUSINESS, R/O. HATVE BK, TQ. BHOR, PUNE, STATE. MAHARASHTRA-412213. 2. THE AUTHORIZED SIGNATORY, CHOLAMANDALAM GENERAL INSURANCE CO. LTD, 1ST FLOOR, KALBURGI SQUARE, DESHPANDE NAGAR, HUBBALLI-580029. …RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.173 (1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT AND AWARD PASSED IN M.V.C NO.626/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDL. MACT, AT: SHIGGAON, DATED 05/12/2022, BY ALLOWING THIS APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:5079 MFA No. 103838 of 2023 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA) Learned counsel appearing for parties are present and file a joint memo stating that the matter is settled between the parties. 2. The appellant-claimant has agreed to receive and the respondent-Insurance Company has agreed to pay a global compensation of Rs.90,000/- (Rupees ninety thousand only), in addition to what has been awarded by the Tribunal, in full and final settlement of their claim. 3. The joint memo is taken on record. 4. The respondent – 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 - 3 - NC: 2025:KHC-D:5079 MFA No. 103838 of 2023 rate of 9% p.a. from the date of default, till the date of deposit. 5. The said amount shall be released in favour of the claimant on due identification. 6. The Miscellaneous First Appeal stands disposed of in terms of the Joint Memo. The award of the Tribunal shall stand modified accordingly. The Registry to draw up the award accordingly. Sd/- (UMESH M ADIGA) JUDGE VNP /CT-AN List No.: 1 Sl No.: 42