Srinivas Reddy G v. Nagesh N

((((((((((((HC-KAR, NC:(2026:KHC:43283-DB( MFA(No.(4437(of(2017( ( ,,,,,,,,,, , CNR:(KAHC010314212017( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(13 (DAY(OF(AUGUST,(2026(

PRESENT(

THE(HON'BLE(MR.(JUSTICE(JAYANT(BANERJI(

AND((

THE(HON'BLE(MS.(JUSTICE(TARA(VITASTA(GANJU(

MISCELLANEOUS(FIRST(APPEAL(NO.4437(OF(2017(MV-I)(

BETWEEN:((

( , SRINIVAS,REDDY.G,, S/O,GURUVA,REDDY,, AGED,ABOUT,46,YEARS,, R/AT:,SAKKANAHALLI,VILLAGE,, BANGARPET,TALUK,,, KOLAR,DISTRICT-563,114.,

…APPELLANT, (BY,SRI.K.V.SHYAMAPRASADA,,ADVOCATE),, AND:( (

1., NAGESH.N,,, S/O,NARASIMHAIAH,, Digitally MAJOR,,signedtiby0K0S RENUKAMBA SHIVA,HERITAGE,,FLAT,NO.G-4,,,

B,BLOCK,,NO.109,,Location: High0Courttiof BETWEEN,V,&,VI,MAIN,,KUVEMPUNAGAR, Karnataka D.K.SANDRA,,BENGALURU-560,044., , ALSO,R/AT:,, SR.,LAKSHMINARASIMHASWAMY,NILAYA,, NO.975,,BCCH,LAYOUT,, VAJARAHALLI,,HOLIDAY,VILLAGE,ROAD,, BYANAPALLI,KANAKAPURA,MAIN,ROAD,, THALAGHTTAPURA,POST,, BENGALURU-560,062., , ((((((((((((HC-KAR, NC:(2026:KHC:43283-DB( MFA(No.(4437(of(2017( ( ,,,,,,,,,, , CNR:(KAHC010314212017( ( (

2., MOHAMMED,ASLAM,,, S/O,ASHRAP,, MAJOR,, THNO.38/75,,7 ,MAIN,, II,CROSS,,TRIVENI,ROAD,, KAMALANEHRU,BADAVANE,, YESHWANTHPUR,,BENGALURU-560,022., ,

3., SANAULLA,KHAN,,, S/O,K.BAKSHU,KHAN,, MAJOR,, THNO.66,,8 ,CROSS,, HEGGADENAGAR,, THANISANDRA,,BENGALURU-560,077., …RESPONDENTS, (BY,SRI.P.SURESH,,ADVOCATE,FOR,R1;, ,,,,,,R2,SERVED;,SERVICE,OF,NOTICE,TO,R3, ,,,,,,IS,HELD,SUFFICIENT,V/O/DTD,06.09.2021), , , , THIS,MISCELLANEOUS,FIRST,APPEAL,IS,FILED,U/S,173(1),OF, MV,ACT,,AGAINST,THE,JUDGMENT,AND,AWARD,DATED,09.03.2017,, PASSED, IN, M.V.C.NO.2956/2015, ON, THE, FILE, OF, THE, VIII, ADDITIONAL, SMALL, CAUSES, JUDGE, AND, THE, MOTOR, ACCIDENT, CLAIMS, TRIBUNAL, (SCCH-5), AT, BENGALURU,, PARTLY, ALLOWING, THE, CLAIM, PETITION, FOR, COMPENSATION, AND, SEEKING, ENHANCEMENT,OF,COMPENSATION., , , THIS, APPEAL, COMING, ON, FOR, FINAL, HEARING, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:, , CORAM:, HON'BLE,MR.,JUSTICE,JAYANT,BANERJI, AND,, HON'BLE,MS.,JUSTICE,TARA,VITASTA,GANJU, (

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

A memo has been filed jointly signed by the learned counsel for the appellant and the respondent No.1, as well as their respective advocates.

¶2The respective copies of the Aadhaar Cards of the Respondent No. 1 and the appellant have been submitted in Court, and the same shall be signed by the respondent No.1 and the appellant, and countersigned by their respective advocates.

¶3There is an office objection regarding the signature of the advocate on the NOC vakalatnama.

¶4In the memo dated 23.07.2026 filed by Sri. K.V. Shyamaprasada, the learned advocate for the appellant on 24.07.2026, it is stated as follows:- "MEMO The undersigned learnt that the Appellant had earlier affixed his thumb impression on the

Vakalathnama. However, in the present Vakalathnama, the Appellant has personally signed in the presence of the undersigned. It is further submitted that the learned Advocate, who was earlier on record, has executed the NOC Vakalathnama. The signature appearing on NOC Vakalathnama may vary from the signature available on the earlier Vakalathnama because the said Advocate is presently suffering from Dementia, and NOC was signed by him before me. The undersigned identify the Appellant's signature and the signature of the earlier Advocate who was on record earlier and the undersigned certified that both of them have voluntarily executed the Vakalathnama by affixing their signatures. The earlier Advocate Mr. D.S. Sridhar is friend of the undersigned Advocate from past 40 years. Hence the undersigned pray that this Hon'ble Court may be pleased to accept the Vakalathnama and take the same on record in the interest of justice and equity."

¶5In view of the aforesaid, the memo is accepted and the office objection is over-ruled.

¶6We have questioned the parties present in Court i.e. the respondent No.1 and the appellant, who admit that the settled amount has been paid and duly received, and have requested that the matter be closed as settled out of Court. The memo filed in Court dated

13.08.2026 is therefore accepted.

¶7The appeal is accordingly disposed of.

Sd/- (JAYANT BANERJI) JUDGE

Sd/- (TARA VITASTA GANJU) JUDGE

KGR List No.: 1 Sl No.: 47