- 1 - HC-KAR CNR: KAHC010533622017 NC: 2026:KHC:48659 MFA No. 1598 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.1598 OF 2017(MV-I) BETWEEN: SMT SOWBHAGYA W/O BASAVARAJU, AGED ABOUT 45 YEARS, NO.7176, 2ND FLOOR, NEAR HDFC BANK, B.H.ROAD, SUBHASH NAGAR, NELAMANGALA, BANGALORE RURAL DISTRICT-562 123 …APPELLANT (BY SRI RAMESH K R., ADVOCATE) AND: SRI NAGESH RAO S/O RAMOJI RAO, AGED ABOUT 30 YEARS, R/AT NO.28, DASAPPANAPALYA, 1ST MAIN ROAD, CHIKKABANAVARA VILLAGE & POST, BANGALORE NORTH-560 090. …RESPONDENT (BY SRI BOPANNA B., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2016 PASSED IN MVC NO.6900/13 ON THE FILE OF THE 10TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT, BENGALURU, AWARDING Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010533622017 NC: 2026:KHC:48659 MFA No. 1598 of 2017 COMPENSATION OF RS.2,19,089/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL REALISATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 28.11.2016 passed by Court of Small Causes and Motor Accident Claims Tribunal at Bangalore (SCCH-16) (Tribunal), in M.V.C.no.6900/2013, this appeal is filed by owner of vehicle. 2. It was submitted that vehicle was uninsured and during pendency of appeal, settlement is arrived between appellant-owner and respondent-claimant. A joint memo is filed containing terms of settlement, whereunder appellant has agreed to pay a total sum of Rs.2,10,000/- in full and final settlement of claim of respondent-claimant. It is stated that Rs.1,50,000/- is deposited before this Court in pursuance of interim order and balance amount of Rs.60,000/- is paid today in cash. - 3 - HC-KAR CNR: KAHC010533622017 NC: 2026:KHC:48659 MFA No. 1598 of 2017 3. Joint memo is signed by both parties and same reads as under- JOINT MEMO "The Appellant and the Respondent in the above case state as follows :- The appellant and the respondent submit that, the appellant and the respondent have settled the subject matter of the above appeal out of Court at the intervention of the well-wishers. As per out of Court settlement, considering the fact that the vehicle involved in the accident is not covered by insurance policy as on the date of accident and considering the other aspects of the matter, the appellant has agreed to pay a sum of Rs.2,10,000/- towards the full and final settlement of the subject matter of the above appeal. The appellant has agreed to pay a sum of Rs.2,10,000/- towards the full and final settlement to the respondent, including the amount she has deposited in the Registry of this Hon'ble Court while passing the interim order. The appellant herein has deposited a sum of Rs.1,50,000/- in the Registry of this Hon'ble Court ie., Rs.25,000/- + 40,000/- + Rs.85,000/- Rs. 1,50,000/-. Today, the appellant has paid a sum of Rs.60,000/- by way of Cash before this Hon'ble Court in terms of the compromise entered into between the appellant and the respondent. - 4 - HC-KAR CNR: KAHC010533622017 NC: 2026:KHC:48659 MFA No. 1598 of 2017 The appellant further submits that, in view of the aforesaid settlement, the appellant has no objection to release the amount in deposit with accrued interest, if any, in favour of the respondent. In view of the aforesaid settlement, having received the aforesaid sum of Rs.2,10,000/- towards full and final settlement of his claim, the respondent declares that he has no claims whatsoever against the appellant. The appellant and the respondent further submit that there is no force, coercion, undue influence or otherwise in filing this Joint Memo. The appellant and the respondent have filed this Joint Memo having settled the subject matter of the appeal of their own will and wish. WHEREFORE, the appellant and the respondent most respectfully pray that this Hon'ble Court be pleased to dispose of the above appeal in terms of this Joint Memo in the interest of justice and equity." 4. Respondent-claimant has agreed to receive said amount in full and final settlement of claim. 5. Learned counsel submit that parties are present and identify them. 6. On interaction, parties have stated that compromise is entered into out of their free will and volition without there - 5 - HC-KAR CNR: KAHC010533622017 NC: 2026:KHC:48659 MFA No. 1598 of 2017 being any threat, coercion or undue influence inducement from anyone. 7. Terms of settlement are found to be lawful. Joint Memo is accepted. 8. Appeal is allowed in terms of joint memo. Registry is directed to draw decree extracting terms of settlement. On deposit of amount, it shall be transferred to account of claimant by electronic means. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 43