Mallikarjun S/O Girimallappa Shegunshi Vs Mahammad… — Motor Accident Claims | Karnataka HC (2025)

Mallikarjun S/O Girimallappa Shegunshi Vs Mahammad… — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC-D:10596-DB MFA No. 101136 of 2016 C/W MFA No. 100551 of 2017

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF AUGUST 2025

PRESENT

THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV

AND

THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 101136 OF 2016 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 100551 OF 2017

IN MFA NO.101136 OF 2016:

BETWEEN:

MALLIKARJUN S/O. GIRIMALLAPPA SHEGUNSHI OCC: BUSINESS, R/O: HARUGERI, TQ: RAIBAG, DIST: BELAGAVI.

…APPELLANT

(BY SRI. VITTHAL S.TELI, ADVOCATE)

AND:

MAHAMMAD IMTIYAZ S/O. NISARAHMAD PENDARI, AGE: 27 YEARS, OCC: COOLIE.

Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: High Court of Karnataka, Dharwad Bench

KUM. MOHAMMAD MAAZ S/O. IMTIYAZ PENDARI, AGE: 3 YEARS, OCC: NIL, SINCE MINOR REP. BY FATHER.

SMT. JAYARABI W/O. NISARAHMAD PENDARI AGE: 46 YEARS, OCC: HOUSEHOLD WORK.

SHRI. NISARAHMAD S/O. HASHMSAB PENDARI AGE: 62 YEARS, OCC: NIL,

ALL ARE R/O: H.NO.286/1, 2^ND CROSS, GANDHINAGAR, BELAGAVI.

SMT. RAFIQ S/O. IBRAHIM JAMADAR

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NC: 2025:KHC-D:10596-DB MFA No. 101136 of 2016 C/W MFA No. 100551 of 2017

HC-KAR

AGE: MAJOR, OCC: BUSINESS (HANDICAP), R/O: HARUGERI, TQ: RAIBAG, DIST: BELAGAVI.

…RESPONDENTS

(BY SRI. HANUMANT R.LATUR, ADVOCATE FOR R1 TO R4; R2 IS MINOR REP. BY R1; NOTICE TO R5 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2016 PASSED IN MVC NO.2465/2014 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, AWARDING THE COMPENSTION OF RS.6,54,000/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO.100551 OF 2017:

BETWEEN:

MAHAMMAD IMTIYAZ S/O. NISARAHAMAD PENDARI, AGE: 28 YEARS, OCC: COOLIE, R/O: HOUSE NO.286/1, 2^ND CROSS, GANDHI NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

KUM. MOHAMMAD MAAZ S/O. IMTIYAZ PENDARI AGE: 3 YEARS, OCC: NIL, R/O: HOUSE NO.286/1, 2^ND CROSS, GANDHI NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

SINCE APPELLANT NO.2 IS MINOR R/BY HIS NATURAL FATHER AND MINOR GUARDIAN APPELLANT NO.1.

MAHAMMAD IMTIYAZ S/O. NISARAHAMAD PENDARI, AGE: 28 YEARS, OCC: COOLIE, R/O: HOUSE NO.286/1, 2^ND CROSS,

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NC: 2025:KHC-D:10596-DB MFA No. 101136 of 2016 C/W MFA No. 100551 of 2017

HC-KAR

GANDHI NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

SMT. JAYARABI W/O. NISARAHMAD PENDARI AGE: 48 YEARS, OCC: NIL, R/O: HOUSE NO.286/1, 2^ND CROSS, GANDHI NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI-590001.

SHRI. NISARAHAMAD S/O. HASHIMSAB PENDARI AGE: 63 YEARS, OCC: NIL, R/O: HOUSE NO.286/1, 2^ND CROSS, GANDHI NAGAR, BELAGAVI-590001, TQ AND DIST: BELAGAVI.

…APPELLANTS

(BY SRI. HANAMANT R.LATUR, ADVOCATE)

AND:

MALLIKARJUN S/O. GIRIMALLAPPA SHEGUNSHI AGE: 50 YEARS, OCC: BUSINESS, R/O: HARUGERI-591220, TQ: RAIBAGI, DIST: BELAGAVI.

SHRI. RAFIQ S/O. IBRAHIM JAMADAR AGE: 45 YEARS, OCC: BUSINESS, R/O: HARUGERI-591220, TQ: RAIBAG, DIST: BELAGAVI.

…RESPONDENTS

(BY SRI. VITTHAL S.TELI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.03.2016 PASSED IN MVC NO.2465/2014 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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HC-KAR

THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

MFA No.101136/2016 is filed by the owner of the vehicle in question challenging the judgment and award dated 23.03.2016 passed in MVC No.2465/2014 by the learned VI Addl. District and Sessions Judge & Member, Addl. MACT, Belagavi, whereas the claimants are in appeal in MFA No.100551/2017 seeking enhancement of compensation.

It is submitted by learned counsel Sri. Vitthal S Teli

for the appellant/owner and learned counsel Sri. Hanamant R Latur for the appellants/claimants that dispute between the parties is resolved in Execution Petition No.33/2018 pending before the learned Principal Senior Civil Judge, Raibag. To that effect, a copy of the execution petition and joint memo is placed on record. We have perused the same.

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NC: 2025:KHC-D:10596-DB MFA No. 101136 of 2016 C/W MFA No. 100551 of 2017

HC-KAR

In view of the aforesaid submission, these appeals

are dismissed as having become infructuous.

Pending applications, if any, are disposed off as not

surviving for consideration.

Sd/(S.SUNIL DUTT YADAV)

JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

JTR Ct:vh