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2025 DAILYLAW 11602 (KAR)

THE DIVISIONAL MANAGER v. VIJAYAKUMAR AND ANR

MFA/203654/2024 · 2025-03-18

C M Joshi

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:1692 MFA No. 203654 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE C M JOSHI MISCL. FIRST APPEAL NO.203654 OF 2024 (MV-I) BETWEEN: THE DIVISIONAL MANAGER, THE UNITED INDIA INSURANCE CO. LTD., SANGAM BUI8LDING, P.B. NO. 60, S.S. FRONT ROAD, BIJAPUR-586 101, THROUGH ITS DIVISIONAL MANAGER. …APPELLANT (BY SRI. J. AUGUSTIN, ADVOCATE) AND: 1. VIJAYAKUMAR S/O HANAMANTH RATHOD, AGE: 39 YEARS, OCC: COOLIE, R/O SHRINIVASAPURA, TQ. LINGASUGUR, DIST. RAICHUR-584 122. 2. VEERESH S/O GURUSIDDAYYA HIREMATH, AGE: MAJOR, OCC: BUSINESS, R/O SASANUR, TQ. B. BAGEWADI, DIST. VIJAYAPUR-586 214. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 29-12-2023 PASSED IN M.V.C. NO. 989/2017 BY THE SENIOR CIVIL JUDGE AND MACT VIII AT MUDDEBIHAL, EXONERATING THE APPELLANT OF ITS LIABILITY. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1692 MFA No. 203654 of 2024 CORAM: HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI) The office objection raised is about the maintainability of the appeal in view of the specific bar under Section 173 of the M.V.Act. The valuation being less than Rs.1,00,000/-, the bar under Section 173 of the M.V.Act, applies. Therefore, the appeal is not maintainable. However, the dismissal of the present appeal on account of the bar under Section 173 of the M.V.Act, will not affect merits of other appeals, which are pending. The appeal is dismissed. The amount in deposit, if any, be transmitted to the Tribunal. Sd/- (C M JOSHI) JUDGE SDU LIST NO.: 2 SL NO.: 9 CT: AK