- 1 - HC-KAR NC: 2026:KHC:21101 MFA No. 4740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4740 OF 2025 (MV-I) BETWEEN: 1. M.V. SHWETHA W/O LATE N.B. MAHESHA AGED ABOUT 36 YEARS 2. N.M. YASHASH, W/O LATE N.B.MAHESHA AGED ABOUT 14 YEARS 3. N.M. THRISHAL GOWDA, S/O LATE N.B. MAHESHA. AGED ABOUT 10 YEARS 4. SIDAMA W/O BASAVEGOWDA AGED ABOUT 70 YEARS (APPELLANT NO.4 SINCE DIED ON 02-01-2023 LRS ON ALREADY RECORDED) 5. BASAVEGOWDA S/O SIRINAKARIGOWDA AGED ABOUT 80 YEARS NOTE-APPELLANT NO.5 SINCE DIED ON 16-06-2022 LRS ON ALREADY RECORDED. APPELLANT NO 2 AND 3 ARE MINORS, REPRESENTED THROUGH THEIR NATURAL MOTHER GUARDIAN-NEXT FRIEND-APPLLANT NO.1 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21101 MFA No. 4740 of 2025 ALL ARE R/AT NELAMAKANAHALI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT. …APPELLANTS (BY SRI. THIPPESWAMY B.C, ADVOCATE) AND: 1. SWAMY S/O BASAVEGOWDA, R/AT NO.90, DODDAHATTI HUNDI HOBLI, MYSORE TALUK AND DISTRICT. (OWNER OF THE MOTOR CYCLE BEARING NO.KA-55-H-6778) 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., M.C.ROAD, MANDYA (POLICY NO.0720003116P111096279 VALID FROM 22-11-2016 TO 21-11-2017) …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2; VIDE ORDER DATED 17.03.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.04.2019 PASSED IN MVC NO. 15/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:21101 MFA No. 4740 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 16.04.2019 passed in MVC No.15/2018 on the file of the Senior Civil Judge and MACT, Malavalli, for enhancing the compensation. 2. Heard the arguments of both sides. 3. Brief facts of the case are that, one N. B Mahesha met with an accident on 06.06.2017 and died subsequently. His wife and children filed a claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire oral and documentary evidence on record granted an amount of Rs.15,05,000/- with interest at the rate of 9% per annum from the date of petition till its realisation. Being aggrieved by the said order, the claimants have preferred this appeal. - 4 - HC-KAR NC: 2026:KHC:21101 MFA No. 4740 of 2025 4. During the pendency of the appeal, both parties have entered into a compromise and have filed a joint memo stating that the Insurance Company has agreed to pay a lump-sum of Rs.5,09,000/- in addition to the amount already awarded by the Tribunal, towards full and final settlement of the claim amount. 5. Petitioner Nos.2 and 3 are minor children, aged about 14 and 10 years as on the date of filing of the appeal. Therefore, an amount of Rs.5,00,000/- each is to be kept in FDR in their names in any nationalized bank till they attain the age of majority. 6. In the result, the following order is passed: ORDER i. Appeal is disposed of in terms of the joint memo filed by the parties. ii. The claimants are entitled to an additional compensation of Rs.5,09,000/- in addition to the amount already awarded by - 5 - HC-KAR NC: 2026:KHC:21101 MFA No. 4740 of 2025 the Tribunal, towards full and final settlement of the claim. iii. A sum of Rs.5,00,000/- each shall be kept in the names of Petitioner Nos.2 and 3 in fixed deposit in any nationalized bank till they attain the age of majority. iv. Petitioner No.1 is the wife of the deceased and she is permitted to withdraw the balance amount along with interest accrued on the same. v. The petitioners are not entitled for interest for the delay period of 1455 days as per the order on I.A.No.1/2025 dated 16.04.2026. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 24