Narayanrao Vithalrao Kulkarni Vs Suresh Huchappa… — Motor Accident Claims | Karnataka HC (2025)

Narayanrao Vithalrao Kulkarni Vs Suresh Huchappa… — Motor Accident Claims | Karnataka HC (2025)

1 - NC: 2025:KHC-K:3358-DB MFA No. 202539 of 2022 C/W MFA No. 202546 of 2022 MFA No. 202548 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF JUNE, 2025

PRESENT

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

AND

THE HON'BLE Mrs JUSTICE K S HEMALEKHA

MISCL. FIRST APPEAL NO. 202539 OF 2022 (MV-I)

C/W

MISCL. FIRST APPEAL NO. 202546 OF 2022 MISCL. FIRST APPEAL NO. 202548 OF 2022

IN MFA NO.202539/2022 BETWEEN:

Digitally signed by KHAJAAMEEN MALAGHAN Location: HIGH COURT OF KARNATAKA

NARAYANRAO VITHALRAO KULKARNI AGE 30, OCC. OWNER OF TRACTOR, BEARING NO.KA-28/TA-7816, AND TRAILER CHASIS NO.031011, R/O.VIVEK NAGAR (EAST) BASAVANA BAGEWADI ROAD, VIJAYAPURA.

…APPELLANT

(BY SRI. NARENDRA REDDY,ADVOCATE)

AND:

MANJUNATH KHANDAPPA MADAR @ DODAMANI

AGE 22 YEARS, OCC. MASON, R/O. KARJOL, TQ. VIJAYAPURA-585106.

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HC-KAR

THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., HANAMASHETTY BUILDING, GURUKUL ROAD, VIJAYAPURA-585101.

…RESPONDENTS

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 03-01-2022 PASSED BY THE LEARNED MACT NO.XV IN MVC NO.113/2019 BY ALLOWING THE APPEAL AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. II) THAT THE HON’BLE COURT MAY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 03-01-2022 IN MVC NO.113/2019 ON THE FILE OF MACT NO.XV AND DIRECT THE RESPONDENT NO. 2 TO PAY THE COMPENSATION TO THE CLAIMANT BY EXONERATING THE APPELLANT HEREIN.

IN MFA NO.202546/2022 BETWEEN:

NARAYANRAO VITHALRAO KULKARNI AGE 30, OCC. OWNER OF TRACTOR, BEARING NO.KA-28/TA-7816, AND TRAILER CHASIS NO.031011, R/O.VIVEK NAGAR (EAST) BASAVANA BAGEWADI ROAD, VIJAYAPURA-586101.

…APPELLANT

(BY SRI. NARENDRA REDDY,ADVOCATE)

AND:

SURESH HUCHAPPA MADAR AGE 37 YEARS, OCC. COOLIE, R/O. KARJOL, TQ. VIJAYAPURA-586101.

THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., HANAMASHETTY BUILDING, GURUKUL ROAD, VIJAYAPURA-586101.

…RESPONDENTS

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HC-KAR

THIS MFA IS FILED U/S. 173(1) OF MV ACT,1989, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 03-01-2022 PASSED BY THE LEARNED MACT NO. XV IN MVC NO.114/2019 BY ALLOWING THE APPEAL AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. II) THAT THE HON’BLE COURT MAY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 03-01-2022 IN MVC NO. 114/2019 ON THE FILE OF MACT NO. XV AND DIRECT THE RESPONDENT NO.2 TO PAY THE COMPENSATION TO THE CLAIMANT BY EXONERATING THE APPELLANT HEREIN.

IN MFA NO.202548/2022 BETWEEN:

NARAYANRAO VITHALRAO KULKARNI AGE 30, OCC. OWNER OF TRACTOR, BEARING NO.KA-28/TA-7816, AND TRAILER CHASIS NO.031011, R/O.VIVEK NAGAR (EAST) BASAVANA BAGEWADI ROAD, VIJAYAPURA-586101.

…APPELLANT

(BY SRI. NARENDRA REDDY,ADVOCATE)

AND:

SHIVAPPA HUCHAPPA MADAR AGE 43 YEARS, OCC. COOLIE, R/O. KARJOL, TQ. VIJAYAPURA-586101.

THE BRANCH MANAGER ORIENTAL INSURANCE CO. LTD., HANAMASHETTY BUILDING, GURUKUL ROAD, VIJAYAPURA-586101.

…RESPONDENTS

THIS MFA IS FILED U/S.173(1) OF MV ACT,1989, PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE JUDGMENT AND AWARD DATED 03-01-2022 PASSED BY THE LEARNED MACT NO. XV IN MVC NO.115/2019 BY ALLOWING

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HC-KAR

THE APPEAL AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. II) THAT THE HON’BLE COURT MAY BE PLEASED TO MODIFY THE JUDGMENT AND AWARD DATED 03-01-2022 IN MVC NO. 115/2019 ON THE FILE OF MACT NO.XV AND DIRECT THE RESPONDENT NO.2 TO PAY THE COMPENSATION TO THE CLAIMANT BY EXONERATING THE APPELLANT HEREIN.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND

HON'BLE MRS JUSTICE K S HEMALEKHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

A memo is filed by the learned counsel appearing for the appellant in these appeals seeking to withdraw the appeals and to refund the amount deposited.

The memo is placed on record.

In light of the memo, appeals are dismissed as

withdrawn.

The statutory amount as well as the excess amount deposited in these appeals shall be refunded to the appellants.

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HC-KAR

Pending interlocutory applications in these appeals

are disposed of.

Sd/(MOHAMMAD NAWAZ) JUDGE

Sd-/ (K S HEMALEKHA) JUDGE

THM List No.: 1 Sl No.: 0 CT:JLR