- 1 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 200169 OF 2020 (MV-D) C/W MISCL. FIRST APPEAL NO. 200170 OF 2020 IN M.F.A.NO.200169/2020: BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA, SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,) AND: 1. SABHIA NAUSHEEN BEGUM D/O LATE DR. MOHD ABDUL HAQ AGE: 30 YEARS, OCC: DOCTOR 2. MOHD ABDUL NASIR S/O LATE DR. MOHD ABDUL HAQ AGE: 26 YEARS, OCC: STUDNET 3. AYESHA SAMREEN D/O LATE DR MOHD ABDUL HAQ Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 AGE: 24 YEARS, OCC: STUDENT. 4. MOHD. ABDUL WARIS S/O MOHD ABDUL KHADAR AGE: 82 YEARS, OCC: PENSIONER 5. FEROZUNNISA BEGUM W/O MOHD. ABDUL WARIS AGE: 80 YEARS OCC: HOUSEHOLD R1 TO R5 ARE RESIDENTS OF H. NO.4-601/36B M. B. NAGAR, KALABURAGI – 585102. 6. IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585104. 7. MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY CHANDANARAYANGUTTA, HYDERABAD – 500004. …RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 SERVED; NOTICE TO R7 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND M.A.C.T., KALABURAGI, IN MVC NO.1367/2012, WITH COST. IN M.F.A.NO.200170/2020: BETWEEN: THE MANAGER, SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, EPIP RIICO INDUSTRIAL AREA, - 3 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY …APPELLANT (BY SRI SUBHASH MALLAPUR & SMT. S.K. KAVYA KAMATH, ADVS.,) AND: 1. SMT. AKMAL JAHAN BEGUM W/O LATE MOHAMMED ALEEMUDDIN AGE: 40 YEARS, OCC: HOUSEHOLD WORK, 2. DANISH S/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT 3. ZEBA AMREEN D/O LATE MOHAMMED ALEEMUDDIN AGE: 18 YEARS, OCC: STUDENT, 4. MOHD. ASGARDUDDIN S/O MOHD. ABDUL RAHEEM AGE: 77 YEARS, OCC: HOUSEHOLD, 5. ANZARUNNISA BEGUM W/O MOHD. ASGARUDDIN AGE: 73 YEARS, OCC: HOUSEHOLD, R1 TO R5 ARE RESIDENTS OF H.NO.4-601/36B, M. B. NAGAR, KALABURAGI – 585102. 6. IQBAL KHAN S/O MOHAMMED KHAN AGE: 58 YEARS, OCC: OWNER OF LORRY BEARING REGISTRATION NO. AP-16/TW-7758 R/O H NO 3-6-67 LOHAR GALLI, SEDAM, DIST: KALABURAGI – 585102. 7. MOHD. SARFARZ KHAN S/O MOHD. ABDUL RAZACK AGE: MAJOR, OCC: ONWER OF THE CAR BEARING NO. AP-12/E-3399, R/O NO 18-2-45/A/6, G.M. COCOLONY - 4 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 CHANDANARAYANGUTTA, HYDERABAD – 500004. …RESPONDENTS (BY SRI B. ALI MOHAMMAD, ADV. FOR R1 TO R5; NOTICE TO R6 & R7 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 04.11.2019 PASSED BY THE PRL. SENIOR CIVIL JUDGE & M.A.C.T., KALABURAGI, IN MVC NO.1368/2012, WITH COST. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) MFA No.200169/2020 is filed by the Insurance- Company challenging the judgment and award dated 04.11.2019 passed in MVC No.3167/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi and MFA No.200170/2020 is filed by the Insurance-Company challenging the judgment and award dated 04.11.2019 passed in MVC No.1368/2012 by the Principal Senior Civil Judge & M.A.C.T., Kalaburagi. - 5 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 2. It is submitted by the learned counsel appearing for the appellant as well as learned counsel for the contesting respondents that the matters are settled amicably outside the Court and they have filed separate joint memos. Accordingly, they placed the joint memos. 3. The joint memos are taken on record. 4. Joint memo in MFA No.200169/2020 reads as under: “The appeal bearing MFA No.200169/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1367/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms. The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.1,15,00,000/-(Rs. One Crore Fifteen Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off. The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.” - 6 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 5. Joint memo in MFA No.200170/2020 reads as under: “The appeal bearing MFA No.200170/2020 has been filed by the appellant-Insurance Company challenging the quantum of compensation against the Judgment and award passed in MVC No.1368/2012, on the file of MACT/Tribunal Kalaburagi. The parties to the appeal have settled their claim before this Hon’ble Court on the following terms. The Respondents have agreed to receive and appellant-Insurance Company has agreed to pay a sum of Rs.32,00,000/-(Rs. Thirty Two Lakhs only) as full and final settlement of the claim. Accordingly, the appeal required to be disposed off. The appellant has agreed to deposit the said amount before the Tribunal within a period of six weeks from the date of the receipt of order. The amount if any, deposited before this Court shall be transferred to the Claims Tribunal. The amount in excess if any, shall be refunded to the appellant Insurance Company.” 6. In view of the aforesaid joint memos, these appeals are disposed off. 7. Registry is directed to draw the award accordingly. - 7 - NC: 2025:KHC-K:2349-DB MFA No. 200169 of 2020 C/W MFA No. 200170 of 2020 8. The amount in deposit, if any, shall be transmitted back to the Tribunal forthwith. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE TMP List No.: 1 Sl No.: 2 CT: PS