Dismissed¶32

Smt. Shoba Mallik @ Shobha Anil v. the Managing Director

Karnataka HC10 Jun 2026MFA/2707/2023

Case brief

AI extract

What is this about?

recall of judgment; withdrawal of appeal; mistaken duplicate appeal; double claim same cause of action; MFA No. 2707 of 2023; MFA No. 11375/2011; MVC No.4945/2009; Section 173(1) MV Act; enhancement of compensation; KSRTC; decree cancelled; Hanchate Sanjeevkumar; High Court of Karnataka; 10 June 2026.

What did the court decide?

Recall of the judgment dated 28.11.2024 in the present appeal; dismissal of the appeal as withdrawn; cancellation of any decree drawn pursuant to the recalled judgment. ¶32

Smt. Shoba Mallik @ Shobha Anil Vs the Managing… — Motor Accident Claims | Karnataka HC (2026)

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NC: 2026:KHC:28265 MFA No. 2707 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2707 OF 2023 (MV-D)

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BETWEEN:

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SMT. SHOBA MALLIK @ SHOBHA ANIL W/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 44 YEARS,

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RAJESH S/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 27 YEARS,

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RAVI S/O LATE ANIL MALLIK @ AMULYA MALLIK, AGED ABOUT 25 YEARS,

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Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA

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ALL ARE RESIDING AT KOPPA GATE, ANEKAL TALUK, NOW R/AT NO 3, 3^RD CROSS, CHOLANAYAKANAHALLI, HEBBAL BENGALURU 560069

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…APPELLANTS

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(BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND:

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THE MANAGING DIRECTOR KSRTC CENTRAL OFFICE, K H ROAD, SHANTHINAGARA, BENGALURU

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…RESPONDENT

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(BY SRI. SUMANGALA A SWAMY.,ADVOCATE)

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2 - NC: 2026:KHC:28265 MFA No. 2707 of 2023

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2010 PASSED IN MVC NO.4945/2009 ON THE FILE OF THE II ADDITIONAL JUDGE, COURT OF SMALL CUASES, BENGALURU, SCCH-13 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a memo,

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which reads as follows:

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"The appellants respectfully submit that by mistake an appeal was filed in MFA.No.11375/2011 on the same claim petition and an award has also been passed against the respondent by enhancing the compensation and the advocate has not intimated the same to the trial court advocate. Under these circumstances, the judgment passed in the above appeal may kindly be recalled and the appeal also may be dismissed as withdrawn in the interest of justice and equity."

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Learned counsel for the appellant submits that by

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mistake, they had filed two separate appeals arising out of

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3 - NC: 2026:KHC:28265 MFA No. 2707 of 2023

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HC-KAR

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the same claim petition. In one of those appeals, MFA No. 11375/2011, they had already obtained an order enhancing compensation. The existence of that earlier appeal and enhancement order was not brought to the notice of the advocate handling the present appeal. Since pursuing both appeals would effectively result in a double claim for the same cause of action, the appellants requested the Court to recall its earlier judgment dated 28.11.2024 in the present appeal, and dismiss the present appeal as withdrawn.

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The order dated 28.11.2024 passed in the present appeal is recalled. The present appeal is dismissed . If any decree had already been drawn pursuant to the recalled judgment, that decree stands cancelled .

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Sd/(HANCHATE SANJEEVKUMAR) JUDGE

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List No.: 1 Sl No.: 25

Smt. Shoba Mallik @ Shobha Anil v. the Managing Director

Case brief

What is this about?

What did the court decide?

Smt. Shoba Mallik @ Shobha Anil v. the Managing Director

Case brief

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