- 1 - HC-KAR CNR: KAHC010297092017 NC: 2026:KHC:48850 MFA No. 5670 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.5670 OF 2017(MV-I) BETWEEN: CHOUDAMMA W/O VEERAPPA AGED ABOUT 58 YEARS, OCC: NIL, R/O IYANAHALLI TQ JAGALUR, C/O HANUMANTHAPPA H., NITTUVALLI, NEW EXTENSION DAVANAGERE. …APPELLANT (BY SMT.SARITHA KULKARNI, ADVOCATE) AND: 1. KALLESH M S/O MAHESHWARAPPA R/O THAREHALLI VILLAGE, JAGALUR TQ, DAVANGERE DISTRICT - 577 001. 2. SMT.KAMPLAMMA W/O LATE OBAPPA MAJOR, R/O THAREHALI VILLAGE, POST PALLAGATTE, JAGALUR TQ DAVANAGERE DISTRICT - 577 001. 3. THE DIVISIONAL MANAGER IFFCO-TOKIO GENERAL INSURANCE CO LTD., Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010297092017 NC: 2026:KHC:48850 MFA No. 5670 of 2017 NO.3RD FLOOR, SUDEV PLAZA, OPP: SHRI LAKSHMI TEMPLE DAJIBANPET, HUBLI. 4. THE DIVISIONAL MANAGER THE UNITED INDIA INSURANCE CO LTD., NO.34/3, MMK COMPLEX, AVK COLLEGE ROAD DAVANAGERE - 577 001. THE BRANCH MANAGER UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, PRAVASI MANDIR ROAD DAVANGERE - 577 001. …RESPONDENTS (BY SRI P.S.JAGADISH, ADVOCATE FOR R3; V/O DATED 30.06.2025 NOTICE TO R1, R2 & R4 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.05.2017 PASSED IN MVC NO.670/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, DAVANGERE, 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 RAVI V HOSMANI ORAL JUDGMENT Challenging judgment and award dated 02.05.2017 passed by III Additional Senior Civil Judge, VII MACT, Davangere, in M.V.C. no.670/2014, this appeal is filed by claimants. - 3 - HC-KAR CNR: KAHC010297092017 NC: 2026:KHC:48850 MFA No. 5670 of 2017 2. Learned counsel for the appellant and respondent no.3-insurer have today filed a joint memo stating that matter has been settled for an additional compensation of Rs.1,75,000/- and taking note of same appeal may be disposed. 3. Joint memo is signed by both parties and same reads as under- "JOINT MEMO The appellant and respondent no.3 have settled the above appeal for an additional sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand only) globally including interest. The same may be taken on record and dispose the appeal in the interest of justice and equity." 4. Learned counsel submit that parties are present and identified them. 5. On interaction, parties have stated that compromise is entered into out of their free will and volition without there being any threat, coercion or undue influence from anyone. 6. Taking Joint Memo on record, Appeal stands disposed of as settled. - 4 - HC-KAR CNR: KAHC010297092017 NC: 2026:KHC:48850 MFA No. 5670 of 2017 7. In view of settlement, appellant-claimant is held entitled for an additional sum of Rs.1,75,000/- inclusive of interest in total. Insurer shall deposit same within six weeks from today before Tribunal. 8. On deposit, claimant shall be entitled to receive said amount. 9. 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.: 21