- 1 - HC-KAR NC: 2025:KHC-D:13654-DB MFA No. 104091 of 2018 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 104091 OF 2018 (MV-I) BETWEEN: SMT. RESHMA W/O. SANTOSH AKKI AGE:30 YEARS, OCC:HOUSEHOLD, R/O. SANTOSH NAGAR, GOPANKOPPA, HUBLI. …APPELLANT (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. BASAVARAJ S/O. CHANNABASAPPA SULLAD AGE:32 YEARS, OCC: LORRY OWNER, R/O. NAVALGUND, DIST:DHARWAD. 2. SRIRAM GENERAL INSURANCE CO.LTD., 1ST FLOOR, V.A. KALBURGI HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBLI. 3. CHANABASAWWA W/O. HANAMANTHAPPA AGE:62 YEARS, OCC:HOUSEHOLD, R/O. SANTOSH NAGAR, GOPANKOPPA, HUBLI. …RESPONDENTS (BY SRI. S.S. GUNDI, ADVOCATE FOR R2; NOTICE TO R1 AND R3 SERVED) BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.16 10:45:58 +0530 - 2 - HC-KAR NC: 2025:KHC-D:13654-DB MFA No. 104091 of 2018 THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT, PRAYING TO CALL FOR THE RECORDS, MODIFY THE JUDGMENT AND AWARD DATED 06.04.2018 PASSED IN MVC NO.492/2016, BY THE 1ST ADDL. CIVIL JUDGE SR.DN. AND ADLL. MACT HUBLI, AND AWARD THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS INSTANT APPEAL, WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal by claimant under Section 173(1) of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 06.04.2018 in MVC No.492 and 493 of 2016 on the file of the I Additional Senior Civil Judge and Additional MACT, Hubballi (for short, ‘the Tribunal’) with a prayer to enhance the compensation awarded towards the accidental death of appellant’s husband Santosh Akki. 2. Respondent No.3 is the mother of deceased Santosh Akki. She had preferred an appeal before this Court in MFA No.104402/2018 seeking enhancement of compensation. The - 3 - HC-KAR NC: 2025:KHC-D:13654-DB MFA No. 104091 of 2018 said appeal was settled before the Lok Adalath by order dated 25.06.2022 and respondent No.3-the mother of deceased Santosh Akki agreed to receive Rs.4,50,000/- in addition to the amount awarded by the Tribunal in full and final settlement of the claim. In the said appeal though the appellant herein was party, she failed to appear before the Court or before the Lok Adalath when the matter was settled between the parties. However, the said conciliation order passed by the Lok Adlath would be binding on the appellant herein. Though the order of Lok Adalath would state that the enhanced compensation amount shall be released in favour of the appellant therein, i.e. the mother of the deceased, it shall be read as the enhanced compensation shall be apportioned between the parties in terms of the order by the Tribunal in its judgment and award dated 06.04.2018 in MVC Nos.492 and 493 of 2016. 3. With above observations, the present appeal stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB/Ct-cmu, LST NO.: 1 SL NO.: 1