- 1 - HC-KAR CNR: KAHC010464542012 NC: 2026:KHC:52089 MFA No. 10330 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO.10330 OF 2012 (MV) BETWEEN: THE NEW INDIA ASSURANCE CO. LTD., 13/2, I FLOOR, II MAIN, TEMPLE ROAD, V.V.MOHALLA, MYSORE-002. NOW REPRESENTED BY ITS REGIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., REGIONAL OFFICE, 2-B, UNITY BUILDING, ANNEXE, P.KALINGA RAO ROAD, BANGALORE-560027. …APPELLANT (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE) AND: 1. RAJESH S/O. CHIKKAMADEGOWDA, NOW AGED ABOUT 27 YEARS, BENDARAVADI VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT, PRESENTLY R/O. KETHAPURA VILLAGE, T.NARASIPURA TALUK. 2. THIMMEGOWDA S/O NINGEGOWDA, MAJOR, DRIVER OF AUTORIKSHAW, R/O. BEEDANAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK. Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010464542012 NC: 2026:KHC:52089 MFA No. 10330 of 2012 3. THIMMEGOWDA S/O THIMMEGOWDA MAJOR, OWNER OF AUTORIKSHAW, R/O BEEDANAHALLI VILLAGE, BANNUR HOBLI, T.NARASIPURA TALUK. …RESPONDENTS (BY SRI. P. NATARAJU, ADVOCATE FOR RESPONDENT NOS.2 AND 3; NOTICE SERVED ON RESPONDENT NO.1 AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2010 PASSED IN MVC NO. 48/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE ND JMFC, T.NARASIPURA, AWARDING COMPENSATION OF RS.1,52,530/- WITH INTEREST AT 6% P.A FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT Learned counsel for respondents no.2 and 3 has filed a memo enclosing a copy of order sheet in Ex.no.66/2011 on file of Civil Judge (Sr.Dn.) Tirumakudal Narasipur, Mysore District. 2. He submits that present appeal is filed by insurer challenging judgment and award dated 02.12.2010 passed by Senior Civil Judge and JMFC at T.Narasipura in MVC - 3 - HC-KAR CNR: KAHC010464542012 NC: 2026:KHC:52089 MFA No. 10330 of 2012 no.48/2006. He submits that in Ex.P.no.66/2011, filed for execution of impugned award, by order dated 04.06.2012 on memo filed by claimant/decree holder, matter was referred to Lok-Adalath and as per certified copy of order sheet dated 05.06.2012, said proceedings ended in a settlement before Lok-Adalath on 05.06.2012. 3. In view of same, present appeal would not survive for consideration and same stands dismissed. 4. Since as per order sheet in Ex.P.no.66/2011 entire amount has been paid by appellant-insurance company to claimant, registry is directed to refund amount in deposit before this Court to appellant-insurance company through online transfer. Sd/- (RAVI V HOSMANI) JUDGE HJ List No.: 1 Sl No.: 4