Disposed¶46

Sri Shivanna v. Sri Devaraju S T

Karnataka HC30 Oct 2025MFA/5561/2014

Case brief

AI extract

What is this about?

Karnataka HC Bengaluru; MFA No.5561/2014 (MV-D); NC: 2025:KHC:43698; enhancement of motor accident compensation under S.173(1) MV Act; MVC No.25/2012, Senior Civil Judge & JMFC Channapattana, award dated 21.2.2014 partly allowing claim; settled at Karnataka Mediation Centre on 06.09.2025; ICICI Lombard (R2/R3) to pay Rs.2,00,000/- full and final settlement by demand draft; R1 Devaraju deleted as formal party; appeal disposed of on 30.10.2025 by Dr. Justice K.Manmadha Rao.

What did the court decide?

Appeal disposed of pursuant to the mediated settlement dated 06.09.2025: respondents 2 and 3 (ICICI Lombard) to pay Rs.2,00,000/- to the appellants as full and final settlement through demand draft before the Court at the time of reporting settlement; respondent 1 treated as a formal party and deleted from the records. ¶46

Sri Shivanna Vs Sri Devaraju S T — Motor Accident Claims | Karnataka HC (2025)

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1 - NC: 2025:KHC:43698 MFA No. 5561 of 2014

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE K.MANMADHA RAO MISCELLANEOUS FIRST APPEAL NO. 5561 OF 2014 (MV-D)

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BETWEEN:

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SRI. SHIVANNA S/O LATE KENGAIAH AGED ABOUT 54 YEARS,

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SRI. KENGARAJU S/O LATE KENGAIAH AGED ABOUT 50 YEARS,

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SRI. CHANDRASHEKARA. S S/O LATE KENGAIAH AGED ABOUT 47 YEARS,

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SMT. SUMATHI SINCE DECEASED BY HIS LRS

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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4(A) SRI. RAMAKRISHNA GOWDA, HUSBAND OF LATE. SUMATHI. AGED ABOUT 59 YEARS,

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4(B) SRI. PRASHANTH.R. S/O SRI. RAMAKRISHNA GOWDA, AGED ABOUT 33 YEARS,

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4(C) SRI. DILEEP.R S/O SRI. RAMAKRISHNA GOWDA, AGED ABOUT 31 YEARS,

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4(D) SRI. PUNEETH.R S/O SRI. RAMAKRISHNA GOWDA, AGD ABOUT 29 YEARS,

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2 - NC: 2025:KHC:43698 MFA No. 5561 of 2014

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HC-KAR

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ALL ARE R/AT MSG NO. 33, SREE RAMA BLOCK, K.R.NAGAR.

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…APPELLANTS

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(BY SMT. ANASUYA DEVI K S., ADVOCATE)

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AND:

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SRI. DEVARAJU S T S/O S.T.THIRUMALAIAH R/O ANNAPURNESHWARI NILAYA, SHIVAPURA, MADDUR TOWN, MADDUR TALUK, MANDYA DISTRICT-571428

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ICICI LOMBARD MOTOR INSURANCE COMPANY ZEENATH HOUSE, KESHAVA RAO KADE MARG, MAHALAKSHMI, MUMBAI-400034

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THE BRANCH OFFICE NO.89, S.V.R. COMPLEX, 2ND FLOOR, HOSUR ROAD, BANGALORE- 560 030

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…RESPONDENTS

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(BY SRI. KRISHNA KISHORE, ADVOCATE FOR R2 AND R3; V/O DTD 22.01.2015, NOTICE TO R1- D/W)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.2.2014 PASSED IN MVC NO.25/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEKKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

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3 - NC: 2025:KHC:43698 MFA No. 5561 of 2014

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HC-KAR

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ORAL JUDGMENT

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This matter was referred to the Karnataka Mediation

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Centre, Bangalore for mediation and the matter was settled between the parties. The mediation report was also received from the Karnataka Mediation Centre and the

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same reads as under:

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"V. During the course of mediation, the Appellants and the Respondents along with their respective advocates were present to resolve their disputes and they have agreed and arrived the following terms and conditions:

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The Appellants herein state that Appellant No.3 Sri Chandrasekhara who is personally present and he is the authorized person to represent Appellant No.1, 2 and LR's of Appellant No.4 [4(a) to 4(d)) through an affidavit dated 02.09.2025. By virtue of this authorization Appellant No.3 will be affixing the signature on behalf of the all the Appellants to which the respondent have no objection.

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The parties have agreed that Respondent No.1 Sri. Devaraju.S.T is only a formal party and they have no objection to delete him from the records. Thereby in his absence the parties concerned here have arrived this settlement.

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The parties agree that the respondents 2 and 3 have agreed to pay an amount of Rs.2,00,000/- (Rupees Two Lakhs Only) to

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4 - NC: 2025:KHC:43698 MFA No. 5561 of 2014

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HC-KAR

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the Appellants as full and final settlement through a demand draft before the Hon'ble Court at the time of reporting settlement. The appellants have agreed for the same.

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The parties agree that apart from the above they do not have any other claim against the respondents under this settlement dated 06.09.2025 in this M.F.A. No.5561/2014.

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The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this compromise in the aforesaid manner".

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In view of the above compromise, this appeal is

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disposed of .

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Sd/(DR.K.MANMADHA RAO) JUDGE

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GSR List No.: 1 Sl No.: 1

Sri Shivanna v. Sri Devaraju S T

Case brief

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Sri Shivanna v. Sri Devaraju S T

Case brief

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