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2026 DAILYLAW 38972 (KAR)

SRI.SHEK AHMED v. SRI.DEVARAJ G.B.

MFA/5893/2026 · 2026-09-02

Shivashankar Amarannavar

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010549502026 NC: 2026:KHC:48145 MFA No. 5893 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5893 OF 2026 (MV-D) BETWEEN: 1. SRI.SHEK AHMED S/O. ABDUL RASHID, AGED ABOUT 55 YEARS, 2. SHAHISTA W/O. SHEK AHMED, AGED ABOUT 42 YEARS, 3. AYEESHA ANJUM D/O. SHEK AHMED, AGED ABOUT 17 YEARS, SINCE THE APPELLANT NO.3 IS MINOR AND REPRESENTED BY HIS FATHER / NATURAL GUARDIAN SRI. SHEK AHMED i.e., 1ST APPELLANT. 4. ABDUL RASHID S/O. LATE JAIN ULLADDIN, AGED ABOUT 87 YEARS, APPELLANTS 1 TO 4 ARE R/AT 4TH CROSS, ASHRAYA COLONY, HOLALUR VILLAGE, SHIVAMOGGA TALUK AND DISTRICT, SHIVAMOGGA - 577 201. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010549502026 NC: 2026:KHC:48145 MFA No. 5893 of 2026 APPELLANTS 1 TO 3 ARE R/O. JANATHA COLONY, SHANTHINAGARA, CHORADI VILLAGE, SHIVAMOGGA TALUK AND DISTRICT, SHIVAMOGGA - 577 201. …APPELLANTS (BY SRI. M V MAHESWARAPPA, ADVOCATE) AND: 1. SRI. DEVARAJ G.B. S/O. BHOJAKUMAR G.H., AGED ABOUT 33 YEARS, R/O. LINGAPURA VILLAGE, HANAGAVADI POST, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217. 2. SMT. LEELAVATHI W/O. BHOJAKUMAR G.H., AGED ABOUT 60 YEARS, R/O. LINGAPURA VILLAGE, HANAGAVADI POST, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217. 3. THE DIVISIONAL MANAGER SRI RAM GENERAL INSURANCE COMPANY LIMITED, R/O. E-8, EPIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN - 302 022. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R3; VIDE ORDER DATED 28.08.2026, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08-05-2026 PASSED IN MVC NO.81/2025 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL - 3 - HC-KAR CNR: KAHC010549502026 NC: 2026:KHC:48145 MFA No. 5893 of 2026 JUDGE AND CJM AND MACT-VI, SHIVAMOGGA PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT A joint memo is filed and it is signed by learned counsel for the appellants and learned counsel for respondent No.3. 2. The joint memo reads thus: "The Appellant/claimants and Respondent No.3 Respondent-Insurance Company most respectfully submits as follows: 1) The above matter is pending before this Hon'ble Court for consideration for enhancement of compensation. 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 - 4 - HC-KAR CNR: KAHC010549502026 NC: 2026:KHC:48145 MFA No. 5893 of 2026 compensation payable to the appellant/claimants. 3) The 3rd Respondent Insurance Company has agreed to a sum of Rs. 17,00,000/- (Rupees Seventeen lakhs only) as additional compensation payable to the appellants/ claimants, in full and final settlement of the additional compensation payable in the above matter. 4) The appellant/claimants have agreed to receive the said amount of Rs.17,00,000/- from the 3rd Respondent Insurance Company towards additional compensation not make any further claim against the 3rd Respondent Insurance Company in respect of the said additional compensation. 5) The 3rd Respondent-Insurance Company undertakes to deposit said amount of Rs. 17,00,000/- before Tribunal within such time as may be fixed by this Hon'ble court. 6) The parties pray that this Hon'ble Court may be pleased to record this Joint - 5 - HC-KAR CNR: KAHC010549502026 NC: 2026:KHC:48145 MFA No. 5893 of 2026 memo and pass appropriate orders/award in terms of the settlement stated above, in the interest of justice and equity. Wherefore, the appellant/claimants and the 3rd Respondent insurance company respectfully pray that this Hon'ble Court may be please to accept this Joint memo and pass orders In the above matter in terms of the settlement. " 3. The Miscellaneous First Appeal is disposed off in terms of the joint memo. 4. Draw award in terms of joint memo. 5. The appellants are entitled to release of the settlement amount as per their share as determined by the Tribunal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 66