- 1 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.3154 OF 2021 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 2198 OF 2020 (MV-I) IN MFA No. 3154/2021 BETWEEN: 1. KAVITHA BAI W/O LATE SRINIVASA NAIKA AGED ABOUT 36 YEARS, 2. KUMARI T S POOJA D/O LATE SRINIVASA NAIKA AGED ABOUT 17 YEARS 3. KUMARI T S MANASA D/O LATE SRINIVASA NAIKA AGED ABOUT 16 YEARS 4. KUMARI T S SHASHIKALA D/O LATE SRINIVASA NAIKA AGED ABOUT 9 YEARS APPELLANTS NO.2 TO 4 ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN APPELLANT NO.1 SMT.KAVITHA BAI - 2 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 5. BHEEMA NAIKA S/O LATE NAIKA AGED ABOUT 79 YEARS 6. SMT LALIBAI W/O BHEEMA NAIKA AGED ABOUT 69 YEARS ALL ARE RESIDENTS OF THANGALI THANDYA KADUR TALUK CHIKKAMAGALURU DISTRICT-57 …APPELLANTS (BY SRI. MOHAN K N., ADVOCATE) AND: 1. MR.RANGANATHA HULMANI S/O HANUMANAGAOWDA HULMANI AGED ABOUT 34 YEARS, R/O MEHASINAHALA POORNA VILLAGE RANEBENNUR TALUK, HAVERI DIST DRIVER CUM OWNER OF LORRY BEARING REGISTRATION NO.KL 07/P 3663 2. MR SOMA NAIK S/O BHEEMA NAIK AGED ABOUT 37 YEARS, R/AT THANGALI THANDYA, KADUR TALUK CHIKKAMAGALURU DISTRICT-57 OWNER OF MOTOR CYCLE BEARING REGISTRATION NO.KA 18/EA 3986 3. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., SHASHIKIRAN BUILDING 1ST FLOOR, SHANKARMUTT ROAD SHIMOGA-5 …RESPONDENTS (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED27.08.2019 PASSED IN MVC NO.409/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2198/2020 BETWEEN: 1. RANGANATHA HULMANI S/O HANUMANAGOWDA HULMANI AGED 33 YEARS DRIVER CUM OWNER OF LORRY BEARING REG.NO.KA-07-3663 R/O MENASINAHALA POORNA VILLAGE RANEBENNUR TALUK HAVERI DISTRICT ...APPELLANT (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE) AND: 1. SMT KAVITHA BAI W/O LATE SRINIVASA NAIKA AGED ABOUT 35 YEARS 2. KUMARI T S POOJA D/O LATE SRINIVASA NAIKA AGED ABOUT 16 YEARS 3. KUMARI T S MANASA D/O LATE SRINIVASA NAIKA AGED ABOUT 15 YEARS 4. KUMARI T S SHASHIKALA D/O LATE SRINIVASA NAIKA AGED ABOUT 8 YEARS - 4 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 RESPONDENTS-2 TO 4 ARE MINOR, REP. BY THEIR MOTHER AND NATURAL GUARDIAN RESPONDENT NO.1 5. BHEEMA NAIKA S/O NOT KNOWN AGED ABOUT 78 YEARS 6. SMT LALIBAI W/O BHEEMA NAIKA AGED 68 YEARS 7. SOMA NAIK S/O BHEEMA NAIKA R/O THANGALI THANDYA KADUR TALUK CHIKKAMAGALURU DISTRICT OWNER OF MOTORCYCLE NO.KA-18-EA-3986 8. IFFCO TOKIO GENERAL INSURANCE CO.LTD. SHASHIKIRAN BUILDING 1ST FLOOR, SHANKARMUTT ROAD SHIMOGA, INSURER OF MOTORCYCLE NO.KA-18-EA-3986 ...RESPONDENTS (BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R8 R2 TO R4 ARE MINORS REP., BY R1 R1, R5, R6, R7 ARE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2019 PASSED IN MVC NO.409/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMGALURU, AWARDING COMPENSATION OF RS. 11,85,000/- WITH INTEREST AT 8 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) IN MFA No.3154/2021 It appears that the parties have settled their dispute amicably outside the Court and in the Execution proceedings, the settlement has been recorded in the order dated 24.10.2024. 2. In view of the settlement arrived at between the parties in Execution Proceedings, nothing survive for consideration in these appeals. 3. Accordingly, the appeal is dismissed. IN MFA No.2198/2020 4. Learned counsel for the appellant has filed a memo stating that the parties have entered into a full and final settlement in the compromise agreement before the II Addl. Senior Civil Judge and MACT, Chikkamagaluru and seeks permission of this Court to withdraw the appeal. Memo is taken on record. - 6 - HC-KAR NC: 2025:KHC:51922-DB MFA No. 3154 of 2021 C/W MFA No. 2198 of 2020 5. In terms of the memo, the appeal is dismissed as withdrawn. 6. Any amount lying in deposit in this Court for maintaining the appeal is permitted to withdraw by the appellant. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE VM List No.: 1 Sl No.: 9 Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA