- 1 - HC-KAR NC: 2025:KHC-D:15092 MFA No. 102943 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102943 OF 2023 (MV-D) BETWEEN: 1. KHATUMBI W/O. HUSEN KILLEDAR, AGE: 52 YEARS, OCC: NIL, R/O. MUTNAL, TQ: GANDHINGLAJ, NOW AT AZAM NAGAR, BELAGAVI-590010. 2. GULAB S/O. HUSEN KILLEDAR, AGE: 32 YEARS, OCC: AGRICULTURE, R/O. MUTNAL, TQ: GANDHINGLAJ, NOW AT AZAM NAGAR, BELAGAVI-590010. 3. SURAIBI W/O. MAHIBUB SANADI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. BAMBALWAD, TQ: BELAGAVI-591226. 4. RAJIYABI SALEEM CHAKRI, AGE: 33 YEARS, OCC: HOUSEHOLD WORK, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15092 MFA No. 102943 of 2023 R/O. BAMBALWAD, TQ: BELAGAVI-591226. …APPELLANTS (BY SRI. PRASHANT MATHAPATI, ADVOCATE) AND: 1. S. KERKAR NARAYAN ANANDRAO, AGE: MAJOR, OCC: BUSINESS, R/O. H.NO.21, MADHALAWAD QUERIM PERNEM, GOA, NORTH GOA-403524. 2. RELIANCE GENERAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH AT MAHADEV PLAZA, CTS NO.10719, SY. NO.135/A, NEAR KOLHAPUR CIRCLE, NEHARU NAGAR, BELAGAVI-590010. …RESPONDENTS (BY SRI. SUBHASH J. BADDI, ADVOCATE FOR R2; R1-NOTICE DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN M.V.C. No.1100 OF 2020 DATED 04.01.2022 AND ALLOW THIS MISCELLANEOUS FIRST APPEAL BY AWARDING COMPENSATION AS PRAYED, IN THE INTEREST OF JUSTICE. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15092 MFA No. 102943 of 2023 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Sri.Prashant Mathapati, learned counsel for appellants as well as Sri.Subhash J.Baddi, learned counsel for respondent No.2 are present. 2. This appeal is filed by the claimants in M.V.C. No.1100/2020 which stood pending before the Additional Motor Accident Claims Tribunal, Belagavi (hereinafter referred to as ‘the Tribunal’ for brevity) and was disposed of through orders dated 04.01.2022. 3. On this day, both the learned counsel filed joint memo reporting settlement. As per the contents of the said memo, respondent No.2 agreed to pay a sum of Rs.4,10,000/- in addition to the sum that has been awarded by the Tribunal and the appellants agreed to receive the same towards full and final settlement of the claim. The - 4 - HC-KAR NC: 2025:KHC-D:15092 MFA No. 102943 of 2023 contents of the memo also reveal that respondent No.2 agreed to deposit the enhanced sum before the Tribunal within a period of six weeks, failing which, he undertakes to pay interest at the rate of 9% per annum from the date of default till the date of deposit. 4. Having considered the agreement arrived at between both the parties, the appeal is disposed of with the following: ORDER (i) The compensation that is granted by the Additional Motor Accident Claims Tribunal, Belagavi through orders in M.V.C. No.1100/2020 dated 04.01.2022 is enhanced by Rs.4,10,000/-. (ii) Respondent No.2 to deposit the enhanced sum within a period of six weeks from the date of receipt of certified copy of this judgment. - 5 - HC-KAR NC: 2025:KHC-D:15092 MFA No. 102943 of 2023 (iii) Failure on part of respondent No.2 to deposit within the time granted will result in payment of interest at the rate of 9% per annum from the date of default till the date of deposit. (iv) Out of the enhanced sum, appellant No.1 is entitled to a sum of Rs.3,20,000/- and appellants No.2 to 4 a sum of Rs.30,000/- each. (v) On such deposit, appellants are permitted to withdraw their respective shares. Sd/- (CHILLAKUR SUMALATHA) JUDGE RH CT-MCK List No.: 1 Sl No.: 36