- 1 - HC-KAR NC: 2026:KHC:1493 WP No. 24039 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24039 OF 2024 (GM-AC) BETWEEN: SRI GAUTHAM SOMANI S/O ARUN KUMAR SOMAN, AGED ABOUT 39 YEARS, R/AT NO. 215,. 1ST FLOOR, 7TH CROSS, 27TH MAIN, NEAR POLICE STATION, HSR LAYOUT, SECTOR-1 BANGALORE SOUTH, BANGALORE-560102. …PETITIONER (BY SRI. JAGADEESH H T.,ADVOCATE) AND: 1. SRI SHASHI KUMAR S/O ANJANAPPA, MAJOR, R/AT 445, VEERA SWAMY LAYOUT, FCI MAIN ROAD, KADUGODI POST, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1493 WP No. 24039 of 2024 BANGALORE-67. 2. THE MANAGER HDFC ERGO GENERAL INSURANCE CO LTD NO. 25/1, 2ND FLOOR, BUILDING NO. 2 SHANKARANARAYANA BUILDING, M G ROAD, BENGALURU-01. 3. SUMA NAGORE W/O UTTASH CHAND NAGORI MAJOR R/AT NO. 2589, NAGORIY KA CHOK GHEE WALO KA RASTA JOHARI BAZAR, JAIPUR RAJASTHAN. …RESPONDENTS (BY SRI.B. PRADEEP., ADVOCATE FOR R2; SRI. SHANKAR A.C., ADVOCATE FOR R3; VIDE ORDER DATED 02.09.2024; NOTICE TO R1 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNX-C VIDE MVC 1061/2023 DATED 13.07.2024 AS PER AS IT RELATES TO 70 PERCENT COMPENSATION AMOUNT GRANTING THE MOTHER-IN- - 3 - HC-KAR NC: 2026:KHC:1493 WP No. 24039 of 2024 LAW OF THE PETITIONER; QUASH ANNX-E VIDE ORDER DATED 18.07.2024 REJECTING THE APPLICATION IN MVC NO. 1061/2023 IN I.A. NO.1. THIS PETITION, COMING ON FOR PRELIMINAY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER This Court on 07.01.2026 has recorded the following as the cause for the present petition and the submissions on the possibility of a settlement: "After being heard for some time, both Sri K.L.Srinivas, the learned counsel for the petitioners, and Sri Shankar A C, the learned counsel for the third respondent, submit that the dispute over apportionment of Rs.1,37,00,000/- granted as compensation under section 166 of the Motor Vehicles Act, 1988 may be disposed of taking on record the - 4 - HC-KAR NC: 2026:KHC:1493 WP No. 24039 of 2024 willingness of the petitioner and the third respondent [the husband and the mother of the deceased] to take compensation equally between them. This submission is taken on record but with liberty to file a Joint Memo. The office is directed to re-list this petition on 09.01.2026." The petitioner and the third respondent, in consonance with the submission as aforesaid, have filed a Joint Memo which reads as under: "However the Hon'ble MACT. Vide order dated 13.07.2024 has ordered that the Petitioner in entitle 30% of the compensation and the Respondent No.3 is entitle 70% of the compensation this Writ Petition is filed by the Petitioner/husband of the deceased seeking to quash the order dated 13.07.2024 relating to said apportionment of compensation, now the petitioner and Respondent No.3 have arrived at an amicable settlement so as to put an end to the dispute, regarding the apportionment of the compensation, and in furtherance of the same they have agreed and consented on their own will and volition with out and kind of influence from - 5 - HC-KAR NC: 2026:KHC:1493 WP No. 24039 of 2024 any body, to receive 50% of compensation each, so that each of them shall be entitled to 50% of compensation." The petitioner and the third respondent who are present and identified by their respective counsels, when queried, acknowledge the afore terms. As such, the petition is allowed modifying the award in MVC No.1061/2023 on the file of the II Additional Judge, Court of Small Causes, Bengaluru, holding that the petitioner and the third respondent shall be entitled equally to the sum of Rs.1,37,00,000/- with interest that has accrued. The Tribunal is directed to release the amount in favour of the petitioner and the third respondent subject to its orders on apportionment, disbursement and deposit. Sd/- (B M SHYAM PRASAD) JUDGE NV