- 1 - HC-KAR CNR: KAHC010034712020 NC: 2026:KHC:39546 MFA No. 2915 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2915 OF 2020(MV-D) BETWEEN: SRI VIJAY SARVAN M P S/O PARANDAMAN, AGEDA BOUT 44 YEARS, R/A NO.42/1, MILKMAN STREET, HALSUR, BENGLAURU-560 008 …APPELLANT (BY SRI. RAMESH K.R, ADVOCATE) AND: 1. SRI MANJUNATH S/O RAMAIHA, AGED AJBOUT 36 YEARS, 2. SMT. REKHA w/o MANJUNATH, AGED ABOUT 30 YEARS, BOTH ARE RESIDING AT NO.42, 6TH CROSS, SRINIVASANGAR, SUNKADAKATTE, BANGALORE-560 091. NOW BOTH ARE RESIDING AT NO.640, UTTARAHALLI KAMALANAGAR, 5TH CROSS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010034712020 NC: 2026:KHC:39546 MFA No. 2915 of 2020 BENGALURU-560 079. PRESENTLY ALSO RESIDING AT NO.600, HULIYUNDARA VILLAGE AND HOLBI, KUNGIAL TALUK, TUMKUR DIST-572 130. 3. SRI. SATHISH S S/O SIDDEGOWDA, AGED ABOUT YEARS, R/O NO.52/1, 6TH CROSS, SRINVIASANAGAR, SUNKADAKATTE, BANGALORE-560 091 4. SRI. RJUN R HEGDE S/O RADHAKRISHNA HEGD, AGED MAJOR, R/O FLAT NO.301,. SWATHI APARTMENT, 5TH MAIN, DEFENSE COLONY, INDIRANAGAR, BANGALORE-560 038 …RESPONDENTS (BY SRI. DEVARAJ A.S, ADVOCATE FOR R1 & R2, SRI. K.N. MAHABALESHWARA RAO, ADVOCATE FOR R4, VIDE ORDER DATED 10/12/2025 SERVICE OF SUMMONS HELD SUFFICIENT IN R/O R3) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 25.10.2019, PASSED IN MVC NO.1147/2015, ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), AWARDING COMPENSATION OF RS.5,60,000/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF PETITION TILL ITS REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010034712020 NC: 2026:KHC:39546 MFA No. 2915 of 2020 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The insured - owner has filed this appeal challenging the judgment and award dated 25.10.2019 passed in MVC.No.1147/2015, whereby the Tribunal has partly allowed the claim petition saddling the entire liability to make good the compensation on the insured-owner. 2. Learned counsel for the appellant-insured, learned counsel for the claimants - respondents 1 and 2 and learned counsel for respondent No.4 have filed a joint memo stating that the parties have settled their dispute amicably. A joint memo, which is filed to the said effect, read as under: "The undersigned appearing for the appellant and respondents submits that, in view of intervention of well wishers the above matter is settled amicably and the appellant and respondents agreed for following terms. 1.The appellant have agreed and have no objection to release deposited amount of Rs.4,25,000/- (the appellant already deposited Rs.25,000/-before this Hon'ble court on 18-01-2020 vide D D bearing no. 060214 and Rs.4,00,000/-vide D D bearing no.344445 on 30-09- 2022) and interest accrues from that deposited amount to respondent no.1 and 2. - 4 - HC-KAR CNR: KAHC010034712020 NC: 2026:KHC:39546 MFA No. 2915 of 2020 2. Today the appellant paid a sum of Rs.12,500/- in the open court in favour of the respondent no.land 2 and respondent no.4 paid a sum of Rs.1,62,500/- in total of Rs.1,75,000/- by way of cash to the respondent no.1 and 2. 3. The respondent no.1 and 2 have no further claim whatsoever in future relating to the above case. Wherfore, the appellant and the respondents pray that this Hon'ble court be pleased to dispose off the above case in terms of the Joint memo in the interest of justice." 3. Placing reliance on the memo, this appeal is disposed of in terms of the joint memo. Accordingly, the impugned judgment and award passed by the Tribunal is modified. 4. The amount in deposit shall be released in favour of the claimants in terms of the apportionment made by the Tribunal. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 66