Dismissed¶42

Madhusudhan Gupta v. Ganavi

Karnataka HC4 Sept 2025MFA/406/2019

Case brief

AI extract

What is this about?

Withdrawal of motor accident compensation appeal on out-of-court settlement; MFA No.406 of 2019 (MV-D); Section 173(1) MV Act; MVC No.446 of 2015; award of Rs.16,45,000/- with 9% p.a. interest; settlement in Ex.No.207/2019 before IV Additional District and Sessions Judge, Channarayapatna; refund of statutory deposit Rs.25,000/-; High Court of Karnataka, Bengaluru; decided 04-09-2025; Venkatesh Naik T and D K Singh; Hassan and Tumakuru districts.

What did the court decide?

Appeal dismissed as withdrawn as settled out of Court; statutory deposit of Rs.25,000/- directed to be refunded to the appellant; pending interlocutory applications, if any, disposed off ¶42

Madhusudhan Gupta Vs Ganavi — Motor Accident Claims | Karnataka HC (2025)

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NC: 2025:KHC:34918-DB MFA No. 406 of 2019

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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 4^TH DAY OF SEPTEMBER, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO.406 OF 2019 (MV-D)

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BETWEEN:

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MADHUSUDHAN GUPTA S/O. NAGABUSHAN SHETTY D.V. AGED ABOUT 49 YEARS RESIDENT OF DAVADA BETTA PAVAGADA TALUK

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TUMAKURU DISTRICT-572 116.

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…APPELLANT

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(BY SMT. NALINA K., ADVOCATE FOR SRI VENKATA REDDY S.K., ADVOCATE)

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AND:

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka

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GANAVI D/O. LATE RAMEGOWDA AGED ABOUT 8 YEARS.

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DAYANA D/O. LATE RAMEGOWDA AGED ABOUT 5 YEARS.

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RESPONDENT NOS.1 AND 2 ARE MINORS

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REPRESENTED BY THEIR NATURAL GUARDIAN I.E. MOTHER 3^RD RESPONDENT.

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SMT. S. SUMITHRA W/O LATE RAMEGOWDA AGED ABOUT 29 YEARS.

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NC: 2025:KHC:34918-DB MFA No. 406 of 2019

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HC-KAR

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SMT. RANGAMMA W/O. LATE LAKKANNAGOWDA AGED ABOUT 63 YEARS.

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RESPONDENT NOS.1 TO 4 ARE RESIDING AT UNGUARAGE VILLAGE HIRISAVE HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 124.

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DAKSHINA MURTHY S/O. SHIVALINGEGOWDA AGED ABOUT 39 YEARS VILLAGE ACCOUNTANT GUNGARAMALE PANCHAYATHI NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT. RESIDENT OF RANGAPURA VILLAGE TIPTUR TALUK

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TUMAKURU DISTRICT-572 201.

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…RESPONDENTS

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(BY SRI JAGADEESH H.T., ADVOCATE FOR C/R-1 TO R-4

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NOTICE NOT ORDERED IN R/O R5.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 11-10-2018, PASSED IN MVC NO.446 OF 2015, ON THE FILE OF THE 4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SIT AT CHANNARAYAPATNA), AWARDING COMPENSATION OF RS.16,45,000/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF PETITION TILL REALIZATION.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T

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NC: 2025:KHC:34918-DB MFA No. 406 of 2019

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Learned counsel for the appellant files a memo dated

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04.09.2025 for withdrawal of the appeal contending that the matter was settled out of the Court between the parties, in Ex.No.207/2019, on the file of the IV Additional District and Sessions Judge, Channarayapatna and also to refund the statutory deposit amount of Rs.25,000/- in favour of the appellant.

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Perused the memo. Being satisfied with the grounds urged in the memo, the appeal is dismissed as withdrawn as settled out of the Court.

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Office is directed to refund the statutory deposit

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amount of Rs.25,000/- in favour of the appellant.

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Pending Interlocutory Applications, if any, stands

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disposed off.

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Sd/(D K SINGH) JUDGE