- 1 - HC-KAR NC: 2025:KHC-D:8606-DB MFA No.105057 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND MISCELLANEOUS FIRST APPEAL NO.105057 OF 2023 (MV-D) BETWEEN: THE BRANCH MANAGER CHOLAMANDALAM M.S. GENERAL INSURANCE COM LTD., FIRST FLOOR, KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI, R/BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE) AND: 1. SMT. SHARADAMMA G.B. W/O LATE M. MALLIKARJUNA AGE. 29 YEARS, OCC. HOUSEWIFE, 2. MINOR M. NAVYASHREE D/O LATE M. MALLIKARJUNA AGE. 9 YEARS, OCC. STUDENT, 3. MINOR NAVEEN M. S/O LATE M. MALLIKARJUNA AGED ABOUT 5 YEARS, 4. SMT. GOWRAMMA W/O MALLAIAH AGE. 57 YEARS, OCC. HOUSEWIFE, VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.15 10:16:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8606-DB MFA No.105057 of 2023 5. MALLAIAH S/O LATE ERAIAH, AGE. 62 YEARS, OCC. NIL, 6. MINOR GOWRAMMA D/O LATE M. MALLIKARJUNA, AGE. 2 YEARS 5 MONTHS, (NOTE: SINCE RESPONDENTS NO.2, 3 AND 6 ARE MINORS R/BY THEIR NATURAL GUARDIAN MOTHER SMT. SHARADAMMA G.B. W/O LATE M. MALLIKARJUNA) ALL R/O. NO.#231, RAYAPURA VILLAGE, MOLAKALMUR TALUK, CHITRADURGA DISTRICT, NOW R/O. BEHIND RAILWAY TRACK, OPPOSITE VEERABHADRESHWARA TEMPLE AND ASHRAMA, HALAKUNDI VILLAGE, TQ. AND DIST. BALLARI-583103. 7. GUDURU MANOJ KUMAR S/O. GUDURU LAKSHMIDEVI AND GUDURU LINGAMAIAH, OCC. BUSINESS, R/O. DOOR NO.10-53, THIMMASAMUDRAM VILLAGE, KALYANDURGA, MANDALAM, ANANTHAPURAM DISTRICT, AP-515001. …RESPONDENTS (BY SRI. GURUKUMAR V.A., ADVOCATE FOR R1, R4, R5; RESPONDENTS NO.2,3 & 6 ARE MINORS R/BY. R1; NOTICE TO R7 IS SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, AGAINST THE JUDGMENT AND AWARD DATED 17.04.2023 PASSED IN MVC NO.440/2021 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-III, AND PRINCIPAL SENIOR CIVIL JUDGE AND CHIEF JUDICIAL MAGISTRATE BALLARI, AWARDING COMPENSATION OF RS.31,42,704/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION & ETC. - 3 - HC-KAR NC: 2025:KHC-D:8606-DB MFA No.105057 of 2023 THIS MFA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) Delay of 36 days in filing the appeal is condoned. 2. Learned counsel on both sides have filed a memo stating that the appellant has agreed to pay Rs.37,50,000/- in full and final settlement of the claim and the respondents-claimants have also agreed to receive the same as full and final settlement. 3. The memo is taken on record, subject to all just exceptions. 4. Accordingly, the appeal stands disposed of in terms of the joint memo filed by the parties. The judgment and award dated 17.04.2023 passed in MVC No.440/2021 by the MACT-III and Principal Senior Civil Judge and CJM, - 4 - HC-KAR NC: 2025:KHC-D:8606-DB MFA No.105057 of 2023 Ballari stands modified in terms of the settlement arrived at between the parties. 5. The amount deposited by the appellant- Insurance Company before this court shall stand transferred to the Tribunal. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 19