- 1 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 1699 OF 2020 (MV-D) C/W MFA CROSS OBJECTION NO. 29 OF 2024 (MV-D) IN MFA No. 1699/2020: BETWEEN: 1. THE ORIENTAL INSURANCE CO.LTD. REGIONAL OFFICE NO.44/45, 4TH FLOOR LEO SHOPPING COMPLEX RESIDENCY ROAD CROSS M G ROAD, BENGALURU-560001 …APPELLANT (BY SRI. A RAVISHANKAR., ADVOCATE) AND: 1. SMT. NANDINI AGED ABOUT 26 YEARS W/O LATE SRIRAMA ALIAS SRIRAM 2. HEMANTH KUMAR AGED ABOUT 6 YEARS S/O SRIRAMA ALIAS SRIRAM Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 3. MOHAN KUMAR AGED ABOUT 4 YEARS S/O SRIRAMA ALIAS SRIRAM SINCE PETITIONER No.2 & 3 ARE MINORS REP. BY THEIR MOTHER AND NATURAL GUARDIAN PETITIONER NO.1 RESIDING AT BETTAHALLI VILLAGE MALUR TALUK, KOLAR DISTRICT-563137. 4. SMT BAYYAMMA AGED ABOUT 60 YEARS S/O SONNAPPA 5. SRI SONNAPPA AGED ABOUT 55 YEARS S/O THIMMAKKA 6. SHANKARA B S AGED ABOUT 26 YEARS S/O SONNAPPA (DECEASED'S DISABLED BROTHER) ALL ARE R/AT RESIDING AT BETTAHALLI VILLAGE, MALUR TALUK KOLAR DISTRICT-563137. 7. MANJUNATHA P S/O PAPANNA NO.35, BETTAHALLI VILLAGE TEKAL POST, MALUR TALUK KOLAR DISTRICT-563137 …RESPONDENTS (BY SRI. SURESHA M., ADVOCATE FOR R-1 TO R-6; [R-2 & R-3 ARE MINORS, REP BY R1]; R-7 SERVED BUT UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.10.2019 - 3 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 PASSED IN MVC NO.3269/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU MAYO HALL UNIT, AWARDING COMPENSATION OF RS.22,27,600/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION. IN MFA.CROB NO. 29/2024: BETWEEN: 1. SMT NANDINI W/O LATE SRIRAMA @ SRIRAM AGED ABOUT 31 YEARS 2. MOHAN KUMAR S/O LATE SRIRAMA @ SRIRAM AGED ABOUT 09 YEARS MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN SMT NANDINI R/O BETTAHALLI VILLAGE MALUR TALUK KOLAR DISTRICT - 563137 3. SMT BAYYAMMA S/O SONNAPPA AGED ABOUT 65 YEARS 4. SHANKAR B S S/O SONNAPPA AGED ABOUT 31 YEARS CROSS-OBJECTORS No.1 TO4 R/O BETTAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563137 ...CROSS OBJECTORS (BY SRI. SURESHA M., ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 AND: 1. THE ORIENTAL INSURANCE CO LTD REGIONAL OFFICE, LEO SHOPPING COMPLEX, NO.44/45, RESIDENCY ROAD, BENGALURU-560001 REP BY ITS GENERAL MANAGER BANGALORE - 560001 2. MANJUNATHA P S/O PAPANNA AGED ABOUT 43 YEARS R/O No.35, BETTAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563137 ...RESPONDENTS THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22 READ WITH SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED.11.10.2019 PASSED IN MVC NO.3269/2019 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT, BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL ALONG WITH MFA CROB COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 5 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel appearing for the appellant-Insurance Company in MFA No.1699/2020 after arguing on the merit of the appeal has filed a memo seeking permission of this Court to withdraw the appeal. 2. We appreciate the fairness of the learned counsel for the appellant-Insurance Company. 3. In view of the memo filed and the submissions advanced by the learned counsel for the appellant, we dismiss the appeal as withdrawn. 3. Learned Counsel for the cross objectors in MFA Crob No.29/2004 submits that as the Insurance Company has withdrawn in MFA No.1699/2020, cross objection filed by the claimants may also be dismissed as withdrawn. 4. Considering the above submission of the learned counsel for the cross objectors, MFA Crob No.29/2024 is also dismissed as withdrawn. - 6 - HC-KAR NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 5. The amount deposited in this Court by the Insurance Company in pursuance of the interim order passed by this Court in MFA No.1699/2020 is directed to be transferred to the concerned MACT for disbursement to the claimants along with interest. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 9