- 1 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA MISCELLANEOUS FIRST APPEAL NO. 1764 OF 2017 (MV-D) C/W MFA CROSS OBJECTION NO. 149 OF 2018 (MV-D) IN MFA No. 1764/2017 BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LIMITED BRANCH OFFICE SRI. BALAJI ENCLAVE NO.782, 16TH MAIN ROAD BTM LAYOUT, 2ND STAGE BENGALURU ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED NO.28, 5TH FLOOR CENTENARY BUILDING M.G.ROAD, BENGALURU-560 001 NOW REPRESENTED BY MANAGER LEGAL …APPELLANT (BY SRI: ASHOK N PATIL, ADVOCATE) Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 AND: 1. SMT. GULABI SHEDHTI W/O LATE SANJEEVA SHETTY AGED ABOUT 47 YEARS 2. RAMESH SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 30 YEARS 3. RAJEEVA SHETTY D/O LATE SANJEEVA SHETTY AGED ABOUT 28 YEARS 4. SEETHARAM SHETTY W/O LATE SANJEEVA SHETTY AGED ABOUT 25 YEARS 5. RATHNAKARA SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 23 YEARS ALL ARE RESIDING AT HAKLAMANE, HOSUR VILLAGE MEL HOSUR POST KUNDAPURA TALUK-576 201 6. Y.K. RANGAPPA S/O KAMBANNA AGED ABOUT 27 YEARS R/AT HALLIMARA, PAULYADA ROAD SHIRA GATE, SHIRA TALUK TUMAKURU DISTRICT-572 101 …RESPONDENTS (BY SRI: K PRASANNA SHETTY, ADVOCATE FOR R1 TO R5; VIDE ORDER DATED 09.09.2026, NOTICE TO R6 IS HELD SUFFICIENT) - 3 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.01.2017 PASSED IN MVC NO.163/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, MACT, KUNDAPURA, AWARDING COMPENSATION OF Rs.6,02,160/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL DEPOSIT IN TRIBUNAL. IN MFA.CROB NO. 149/2018 BETWEEN: 1. SMT. GULABI SHEDHTI W/O LATE SANJEEVA SHETTY AGED ABOUT 49 YEARS 2. SRI. RAMESH SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 32 YEARS 3. SRI. RAJEEVA SHETTY D/O LATE SANJEEVA SHETTY AGED ABOUT 30 YEARS 4. SMT. SEETHARAM SHETTY W/O LATE SANJEEVA SHETTY AGED ABOUT 27 YEARS 5. SRI. RATHNAKARA SHETTY S/O LATE SANJEEVA SHETTY AGED ABOUT 25 YEARS ALL ARE RESIDING AT HAKLAMANE, HOSUR VILLAGE MEL HOSUR POST KUNDAPURA TALUK-576 201 ...CROSS OBJECTORS (BY SRI: K PRASANNA SHETTY, ADVOCATE) - 4 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 AND: 1. RELIANCE GENERAL INSURANCE CO. LTD., BRANCH OFFICE SRI. BALAJI ENCLAVE NO.782, 16TH MAIN ROAD BTM LAYOUT, 2ND STAGE BENGALURU-560 210 ALSO AT RELIANCE GENERAL INSURANCE CO. LTD., NO.28, 5TH FLOOR CENTENARY BUILDING M.G.ROAD, BENGALURU-560 001 NOW REPRESENTED BY MANAGER LEGAL 2. Y.K. RANGAPPA S/O KAMBANNA AGED ABOUT 29 YEARS R/AT HALLIMARA, PAULYADA ROAD SHIRA GATE, SHIRA TALUK TUMAKURU DISTRICT-572 101 ...RESPONDENTS (BY SRI: ASHOK N PATIL, ADVOCATE FOR R1; VIDE ORDER DATED 09.09.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA.CROB IS FILED UNDER ORDER 41 RULE 22 OF THE CPC AGAINST THE JUDGMENT AND AWARD DATED 05.01.2017 PASSED IN MVC NO. 163/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) Learned counsel for both the parties have filed a joint memo dated 27.07.2026, which reads as follows: "The Appellant has filed the Appeal MFA 1764/2017 challenging the Judgment and Award dated 05.01.2017 in MVC 163/2014 MACT Kundapura being aggrieved by the order of pay and recovery and the quantum of compensation. That the claimants have filed MFA CROB 149/2018 seeking enhancement of compensation. The Tribunal vide Judgment and Award dated 05.01.2017 in MVC 163/2015 awarded compensation of Rs.6,02,160/- with interest at 6% and further hold the respondents are jointly and severally liable to pay the compensation and thereafter the insurer/respondent No.2 is at liberty to recover the same from the insured in accordance with law. The parties to this lis on negotiation have now agreed to settle the claim in full and final settlement for a Global sum of Rs.11,50,000/- (Rupees Eleven Lakhs Fifty Thousand only), which includes already deposited amounts in this case, as against Rs.6,02,160/- with - 6 - HC-KAR CNR: KAHC010231292017 NC: 2026:KHC:49070-DB MFA No. 1764 of 2017 C/W MFA.CROB No. 149 of 2018 interest of 6% p.a. awarded by the Tribunal with liberty to pay and recover the award amount from the insured in terms of the Judgment and Award of the Tribunal. Hence, this Joint memo for settlement be taken on record, in the interest of justice and equity.". 2. In that view of the matter, respondent No.5 has filed a joint memo on behalf of other respondents as authorized by Special Power of Attorney dated 20.07.2026. 3. The joint memo filed by the parties is accepted. The appeal and the cross objection are disposed of in terms of the joint memo. The amount referred to in the joint memo as the settlement award shall be disbursed as ordered by the Tribunal in the same proportion to the parties. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE BGN, List No.: 1 Sl No.: 30