Chandrashekhar S/O Hanumantappa Gadag Vs Shankrappa S/O Shanmukhappa Lakkundi

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NC: 2025:KHC-D:10925 MFA No. 104541 of 2023 C/W MFA No. 102582 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28^TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 104541 OF 2023 (MV-I)

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C/W MISCELLANEOUS FIRST APPEAL NO. 102582 OF 2023 IN MFA NO. 104541 OF 2023

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BETWEEN:

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SMT. SUMITRA W/O CHANDRASHEKHAR AGE. 36 YEARS, OCC. COOLIE R/O. KINNAL, TQ. DIST. KOPPAL-583227.

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…APPELLANT

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(BY SRI. AMAREGOUDA M, ADV)

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AND:

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SHANKRAPPA S/O SHANMUKHAPPA LAKKUNDI AGE. 42 YEARS, OCC. DRIVER OF TRACTOR, NO. KA-37/TA-6757, R/O. VADDAR ONI, TQ. KOPPAL AND DIST. KOPPAL-583227.

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SMT. GOURAMMA W/O GAVISIDDAPPA SINDHANOOR, AGE. 49 YEARS, OCC. OWNER OF THE TRACTOR, NO. KA-37/TA-6757, R/O. GADADAR CHAWL, TQ. KOPPAL AND DIST. KOPPAL-583227.

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.10 12:30:45 +0530

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THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., YALAMANCHALI COMPLEX, STATION ROAD, HOSPET, DIST. BALLARI- 583101.

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…RESPONDENTS

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(BY SMT. PADMAJA TADAPATRI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPENSED WITH)

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THIS MFA IS FILED U/SEC.173(1) OF MOTOR VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.09.2022 PASSED IN MVC NO.412/2015 ON THE FILE OF THE CIVIL JUDGE (SR.DN) & ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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NC: 2025:KHC-D:10925 MFA No. 104541 of 2023 C/W MFA No. 102582 of 2023

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HC-KAR

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IN MFA NO. 102582 OF 2023

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BETWEEN:

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CHANDRASHEKHAR S/O HANUMANTAPPA GADAG, AGE. 41 YEARS, OCC. ELECTRICAL WORKS, R/O. KINNAL, TQ. DIST. KOPPAL-583227.

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…APPELLANT

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(BY SRI. AMAREGOUDA M, ADV)

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AND:

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SHANKRAPPA S/O SHANMUKHAPPA LAKKUNDI AGE. 42 YEARS, OCC. DRIVER OF TRACTOR, NO. KA-37/TA-6757, R/O. VADDAR ONI, TQ. KOPPAL AND DIST. KOPPAL-583227.

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SMT. GOURAMMA W/O GAVISIDDAPPA SINDHANOOR, AGE. 49 YEARS, OCC. OWNER OF TRACTOR, NO.KA-37/TA-6756, R/O. GADADAR CHAWL, TQ. KOPPAL AND DIST. KOPPAL-583227.

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THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., YALAMANCHALI COMPLEX, STATION ROAD, HOSPET, DIST. BALLARI-583101.

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…RESPONDENTS

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(BY SMT. PADMAJA TADAPATRI, ADV FOR R3, NOTICE TO R1 & R2 ARE DISPNESED WITH)

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THIS MFA IS FILED U/SEC.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 16.09.2022 PASSED IN MVC NO.411/2015 ON THE FILE OF THE CIVIL JUDGE (SR.DN) AND ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOPPAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER :

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CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

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MFA No.104541/2023 is filed by the claimant being dissatisfied with the quantum of compensation awarded by the Tribunal vide Judgment and award dated 16.09.2022 passed in MVC No.412/2015 by the learned Civil Judge (Sr.Dn) and Addl. MACT, Koppal (for short ‘the Tribunal’), and MFA No.102582/2023 is filed by the claimant in MVC No.411/2015, being dissatisfied with the quantum of compensation awarded by the Tribunal vide Judgment and award dated 16.09.2022.

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As these claim petitions arise of the same accident, they are taken together for a common discussion, to avoid the repetition of facts.

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For convenience, the parties are referred to, based on their rankings before the Tribunal.

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HC-KAR

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Brief facts leading rise to the filing of these appeals are as follows:

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On 25.08.2012, the petitioner in MVC No.412/2025 was proceeding on a motorcycle bearing registration No.KA-29/U-479 as a pillion rider, which was being ridden by her husband i.e., the petitioner in MVC No.411/2015. At that time, the driver of the tractor and trailer bearing registration No.KA-37/TA-6757 came in a rash and negligent manner and dashed to the motorcycle. Due to the said accident, the petitioners, in both the claim petitions sustained a grievous injuries, and were admitted as inpatients in Om Sai Orthopedic Center, Gangavathi. Smt.Sumitra i.e., the petitioner in MVC No. 412/2015 had under gone surgery to her right leg and the petitioner in MVC No.411/2015 also sustained grievous injuries. They filed a separate claim petitions under Section 166 of the M.V.Act seeking compensation for the injuries sustained in the road traffic accident. Accordingly, prays to allow the claim petitions.

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HC-KAR

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The owner and the driver of the tractor appeared

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through their counsel. The driver did not file a statement of objections.

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The owner of the offending vehicle filed a statement of objections denying the averments made in the claim petition and contended that the driver of the offending vehicle possessed a valid and effective driving license as of the date of the accident and that the policy was in force as of the date of the accident. Hence, he prays to dismiss the claim petition against the owner of the offending vehicle.

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The Insurance Company filed a statement of objections denying the averments made in the claim petition and also contended that the driver of the offending vehicle did not possess a valid and effective driving license as of the date of the accident. Hence, prays to dismiss the claim petition against the Insurance Company.

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The Tribunal, based on the pleading of the parties,

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framed the relevant issues.

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HC-KAR

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The petitioner, in MVC No.412/2015 examined herself as PW-1, examined the Doctor as PW-2 and marked 17 documents as Ex.P1 to P17. The petitioner in MVC No.411/2015 was examined as PW-1, examined the Doctor as PW-2 and marked 22 documents. The Insurance Company examined its Officer as RW-1 in MVC No.411/2015 and marked 3 documents as Ex.R1 to R3. In MVC No.412/2015, the Insurance Company examined its officer as RW-1 and the official of the RTO as RW-2 and marked 9 documents as Ex.R1 to R9.

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The Tribunal, after assessing verbal and documentary evidence, allowed the claim petitions in part vide Judgment dated 16.09.2022. The petitioner in MVC No.412/2015 was awarded a compensation of Rs.2,33,241/with interest at the rate of 6% per annum from the date of the petition till its realization and the Insurance Company was directed to deposit the compensation amount. The petitioner in MVC No.411/2015 was awarded a compensation of Rs.2,67,327/- with interest at the rate of 6% per annum from

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HC-KAR

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the date of the petition till its realization and the Insurance Company was directed to deposit the compensation amount. The petitioners in both claim petitions, being dissatisfied with the quantum of compensation awarded by the Tribunal, filed these appeals, seeking enhancement of the compensation.

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Heard the learned counsel for the petitioners, and the learned counsel for the Insurance Company.

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Learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. He submits that the Doctor opined that the petitioners have sustained a permanent disability and that the disability assessed by the Tribunal is on the lower side. Hence, on these grounds, he prays to allow the appeals.

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Per contra, the learned counsel for the Insurance Company submits that the compensation awarded by the Tribunal is just and proper and do not call for any interference by this court. Hence, she prays to dismiss the appeals.

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HC-KAR

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Perused the records, and considered the

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submissions of the learned counsel for the parties.

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The point that would arise for consideration is regarding the quantum of compensation .

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Regarding the quantum of compensation

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There is no dispute that the petitioners in both claim petitions sustained grievous injuries and that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle. The petitioner has produced the charge sheet marked as Ex.P5 filed against the driver of the offending vehicle in MVC No.412/2015. The Tribunal, based on the charge sheet filed against the driver of the offending vehicle, has rightly recorded its finding that the accident occurred due to the rash and negligent driving of the driver of the offending vehicle.

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Insofar as quantum of compensation in MFA No.104541/2023 is concerned, the petitioner has contended that she was working as a Coolie and earning more than

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9 - NC: 2025:KHC-D:10925 MFA No. 104541 of 2023 C/W MFA No. 102582 of 2023

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HC-KAR

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Rs.6,500/- per month and aged 28 years old as of the date of accident. To prove the disability, the petitioner examined the Doctor as PW-2, who deposed that the petitioner had taken treatment in the Government Hospital, Koppal and Om Sai Orthopedic Center, Gangavathi. She had undergone surgery to her right leg. He further stated that she came to his hospital on 23.03.2019. He examined her and issued a disability certificate. He opined that the petitioner has suffered 32% to 34% permanent disability to a particular limb, and 20% to 25% to the whole body, whereas the Tribunal assessed the disability at 12%, which is on the lower side. Considering the entire evidence of PW-2 and the medical records produced by the petitioner in MVC No.412/2015, this Court reassesses the disability at 15%. The petitioner was aged 28 years old as of the date of the accident, the applicable multiplier is 17. The notional income is taken at Rs.6,500/- per month, and 40% of the future prospects has to be added to the income in view of the preposition of law, laid down by the Hon’ble Apex court in the case of National Insurance Company Ltd v. Pranay Sethi reported in AIR 2017 SC 5157 . Thus, the monthly

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HC-KAR

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income comes to Rs.9,100/(Rs.6,500+Rs.2,600).

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Considering the evidence on record, this Court reassesses the

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compensation under the following heads.

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		Compensation a	warded in Rs.
Sl. No.	Heads of compensation	By the Tribunal	By this Court
1	Medical expenses relating to treatment and hospitalization and medicines	26,361/-	26,361/-
2	Pain and suffering	30,000/-	50,000/-
3	Loss of future earning capacity due to permanent disability	1,46,880/-	2,78,460/- (Rs.9,100/- x 12 x ‘17’ x 15%)
4	Loss of income during the treatment period	18,000/-	36,400/-
5	Conveyance Charges	5,000/-	10,000/-
6	Food, nourishment and attendant charges	7,000/-	10,000/-
7	Loss of amenities	-	25,000/-
	Total :	2,33,241/-	4,36,221/-
	Compensation	enhanced by:	2,02,980/-

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Thus, the petitioner in MVC No.412/2015 is entitled to a total compensation of Rs.4,36,221/as against Rs.2,33,241/-. Hence, the petitioner in MVC No.412/2015 is entitled to an enhanced compensation of Rs.2,02,980/-.

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The petitioner in MVC No.411/2015 examined

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himself as PW-1 and reiterated averments made in the claim petition in his examination-in-chief. As observed above, the

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HC-KAR

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accident caused due to a rash and negligent driving by the driver of the offending vehicle, and the petitioner produced a charge sheet marked as Ex.P5 which is filed against the driver of the offending vehicle. The Tribunal was justified in recording its finding that the accident occurred due to rash and negligent driving of the driver of the offending vehicle.

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Insofar as the quantum of the compensation is concerned, the petitioner is aged 33 years old as of the date of the accident and to prove the income the petitioner, no income proof is produced. The accident occurred in 2012. The notional income is to be taken at Rs.6,500/- per month, and 40% of the future prospects is to be added to the income in view of the law laid down in Pranay Sethi (Supra) . Thus, the monthly income comes to Rs.9,100/- (Rs.6,500+Rs.2,600). The petitioner examined the Doctor as PW-2, who opined that the petitioner has suffered disability to the extent of 32% to 35% to the whole body and 44% to 46% towards particular affected part. However, the Tribunal assessed the permanent disability at 12%, which is on the lower side. Considering the evidence of PW-2 and the medical records ,this Court

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HC-KAR

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reassesses the disability at 15%. The multiplier applicable to

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the age group of the petitioner is 16. Thus, this Court

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reassesses the compensation under the following heads:

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Sl.		Compensation a	warded in Rs.
No.	Heads of compensation	By the Tribunal	By this Court
1	Medical expenses relating to treatment and hospitalization and medicines	58,067/-	58,067/-
2	Pain and suffering	30,000/-	50,000/-
3	Loss of future earning capacity due to permanent disability	1,49,760/-	2,62,080/- (Rs.9,100/- x 12 x ‘16’ x 15%)
4	Loss of income during the treatment period	19,500/-	36,400/-
5	Conveyance Charges	5,000/-	10,000/-
6	Food, nourishment and attendant charges	5,000/-	10,000/-
7	Loss of amenities	-	25,000/-
	Total :	2,67,327/-	4,51,547/-
	Compensation	enhanced by:	1,84,220/-

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Thus, the petitioner in MVC No.411/2015 is entitled to a total compensation of Rs.4,51,547/as against Rs.2,67,327/-. Hence, the petitioner in MVC No.411/2015 is entitled to an enhanced compensation of Rs.1,84,220/-.

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In view of the above discussion, I proceed to pass

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the following order:

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NC: 2025:KHC-D:10925 MFA No. 104541 of 2023 C/W MFA No. 102582 of 2023

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HC-KAR

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ORDER

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(i) The appeals in MFA Nos. 104541 and 102582 of 2013 are hereby allowed.

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(ii) The Judgment and award dated 16.09.2022 passed in MVC Nos.411/2015 and 412/2015 by the learned Civil Judge (Sr.Dn.) and Addl. MACT, Koppal are modified.

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(iii) The petitioner in MVC No.412/2015 is entitled to a total compensation of Rs.4,36,221/- as against Rs.2,33,241/- with interest at the rate of 6% per annum from the date of the petition till the date of realization. The petitioner is entitled to an enhanced compensation of Rs.2,02,980/-.

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(iv) The petitioner in MVC No.411/2015 is entitled to a total compensation of Rs.4,51,547/- as against Rs.2,67,327/-, with interest at the rate of 6% per annum from the date of the petition till the date of realization. The petitioner is

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NC: 2025:KHC-D:10925 MFA No. 104541 of 2023 C/W MFA No. 102582 of 2023

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HC-KAR

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entitled to an enhanced compensation of Rs.1,84,220/-.

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(v) The Insurance Company is directed to deposit

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the enhanced compensation to both the petitioners with accrued interest within a period of eight weeks from the date of receipt of a copy of this Judgment.

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(vi) The amount deposited, if any, and trial court records be transmitted to the concerned Tribunal forthwith.

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Sd/(ASHOK S. KINAGI) JUDGE

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RHR/- CT: BSB List No.: 1 Sl No.: 28

Chandrashekhar S/O Hanumantappa Gadag v. Shankrappa S/O Shanmukhappa Lakkundi

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Chandrashekhar S/O Hanumantappa Gadag v. Shankrappa S/O Shanmukhappa Lakkundi

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