- 1 - HC-KAR CNR: KAHC010513022026 NC: 2026:KHC:49009 MFA No. 5423 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5423 OF 2026 (MV-I) BETWEEN: SRI. NAGARAJU S/O MUNIYAPPA AGED ABOUT 30 YEARS R/AT KOTTIGOLLAHALLI VILLAGE MANDUR POST, BIDARAHALLI HOBLI BANGALORE EAST BANGALORE 560 049. …APPELLANT (BY SRI/SMT. SREENIDHI P, ADVOCATE) AND: 1. SRI. SANGAMESH S/O NARASIMHA AGED ABOUT 45 YEARS No.263/P1, KHANE ROAD, KALKERE HORAMAVU POST BEHIND HP PETROL BUNK BANGALORE - 560 043. (R.C. OWNER OF ASHOK LEYLAND TEMPO BEARING REG. No.KA-53-AA-0761) 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD. No.121, THE ESTATE, 9TH FLOOR, DICKENSON ROAD Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513022026 NC: 2026:KHC:49009 MFA No. 5423 of 2026 M.G. ROAD, BENGALURU - 560 042. (POLICY No.3003/224120698/00/B00 VALID FROM 24.07.2021 TO 23.07.2022) …RESPONDENTS (BY SRI/SMT. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DTD. 29.7.2026) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:20.11.2024 PASSED IN MVC No.608/2022 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. A joint memo is filed and it is signed by learned counsel for appellant and learned counsel for respondent No.2 - Insurer. The joint memo reads as under: “JOINT MEMO FILED BY THE APPELLANT- CLAIMANT AND THE 2nd RESPONDENT INSURANCE COMPANY. - 3 - HC-KAR CNR: KAHC010513022026 NC: 2026:KHC:49009 MFA No. 5423 of 2026 The Appellant/claimant and Respondent No.2 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 compensation payable to the appellant/claimant. 3. The 2nd Respondent Insurance Company has agreed to a sum of Rs.2,70,000/- (Rupees two lakhs and seventy thousand only) as additional compensation payable to the appellants/claimant, in full and final settlement of the additional compensation payable in the above matter. 4. The appellant/claimant have agreed to receive the said amount of Rs.2,70,000/- from the 2nd Respondent Insurance Company towards additional compensation and not make any further claim against the 2nd Respondent Insurance Company in respect of the said additional compensation. 5. The 2nd Respondent-Insurance Company undertakes to deposit said amount of Rs. 2,70,000/- before Tribunal within such time as may be fixed by this Hon'ble court. - 4 - HC-KAR CNR: KAHC010513022026 NC: 2026:KHC:49009 MFA No. 5423 of 2026 6. 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. Wherefore, the Appellant/Claimant and the 2nd 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, in the interest of justice and equity.” 2. The appeal is disposed of in terms of the joint memo. 3. Respondent No.2 – Insurance Company shall deposit the settled amount within four weeks from this day. 4. Draw the award in terms of the joint memo. 5. Appellant – claimant is entitled to release of entire settled amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 21/Ct.sm