- 1 - HC-KAR NC: 2026:KHC:33560 MFA No. 5949 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5949 OF 2024 (MV-D) BETWEEN: 1. SRI MAHAVEER KHIDRAPUR S/O SIDDAPPA NOW AGED ABOUT 45 YEARS 2. SMT. SUNANDA MAHAVEER KHIDRAPUR W/O MAHAVEER KHIDRAPUR NOW AGED ABOUT 40 YEARS BOTH ARE RESIDING AT ALGUR WARD No. 6 JAMAKHANDI BAGALKOT PIN-587 301. …APPELLANTS (BY SRI GOPAL KRISHNA N, ADVOCATE) AND: 1. SRI RAMESH PADIYAPPA MUTTAPPAGOL S/O PADIYAPPA MAJOR IN AGE A/P HIREPADASALAGI TALUK JAMAKHANDI DISTRICT BAGALKOT - 587 301. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33560 MFA No. 5949 of 2024 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD, #121, 'THE EAST', 9TH FLOOR DICKENSON ROAD, M.G.ROAD BENGALURU - 560 042. REP: BY ITS MANAGER. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 6.2.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.11.2023 PASSED IN MVC No.5486/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by claimants seeking enhancement of compensation awarded in the judgment and award dated 16.11.2023 passed in MVC No.5486/2022 by the VII Additional Small Causes Judge and ACMM, Member,MACT-3, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:33560 MFA No. 5949 of 2024 2. A joint memo has been filed and it is signed by learned counsel for appellants and learned counsel for respondent No.2. 3. The terms of joint memo reads as under: 1) The above MFA filed against the judgment and award passed in M.V.C. No. 5486/2022 on the file of The Court of VII Addl. Judge & ACMM, Bengaluru. 2) During the pendency of the above proceedings, the parties have amicably discussed the matter and have arrived at a settlement with regard to the additional compensation payable to the appellants/claimants. 3) The Appellants/Claimants have agreed to receive and the 2nd respondent Insurance company-ICICI LOMBARD GENERAL INSURANCE Co. LTD. has agreed to pay lump-sum of Rs.4,00,000/- (Rupees Four Lakhs only), in addition to what has been awarded by the Tribunal, in full and final settlement of the claim. 4) The 2nd respondent Insurance company-ICICI LOMBARD GENERAL INSURANCE Co. LTD. has agreed - 4 - HC-KAR NC: 2026:KHC:33560 MFA No. 5949 of 2024 to deposit the said amount before the Tribunal, within six weeks from the date of preparation of judgment/award, failing, which said amount shall carry interest at 9% p.a. from the date of default till the date of deposit. The parties are not entitled for any cost. 5) The parties pray that this Hon'ble Court may be pleased to record this joint memo and pass appropriate orders/award in terms of the settlement stated above, in the interest of justice and equity. 4. The appeal is disposed of in terms of joint memo. Claimants are entitled to enhanced compensation of Rs.4,00,000/- without interest. 5. Draw award in terms of joint memo. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 0