- 1 - HC-KAR NC: 2025:KHC-K:3376 MFA No. 200517 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200517 OF 2023 (MV-D) BETWEEN: THE ORIENTAL INSURANCE COMPANY LIMITED, THROUGH ITS DIVISIONAL MANAGER, OPP: MINI VIDHAN SOUDH MAIN ROAD, KALABURAGI. …APPELLANT (BY SRI MANVENDRA REDDY, ADVOCATE) AND: 1. BHOJARAJ S/O SIDRAMAPPA AGE: 50 YEARS, OCC: AGRICULTURE LABOUR, R/O: AWARALLI VILLAGE, TQ: AFZALPUR, DIST: KALABURAGI. NOW AT SHAIKH ROZA, AHSRAYA COLONY, KALABURAGI – 585 102. (SINCE DECEASED BY HIS LRS.) SMT. MAHADEVI W/O LATE BHOJARAJ, AGE: 44 YEARS, OCC: HOUSEHOLD, R/O: H.NO.253, SHAHA BAZAR ROAD, ASHRAYA COLONY, KALABURAGI – 585 102. 2. SMT. SHARANAMMA W/O ANIL AGE: 33 YEARS, Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3376 MFA No. 200517 of 2023 OCC: HOUSEHOLD, R/O: H.NO.E-9-1548, ALAND COLONY ROAD, GURUBASAVA NAGAR, SHAIK ROZA, KALABURAGI – 585 102. 3. SMT. SIDDAMMA W/O RAJU, AGE: 28 YEARS, OCC: HOUSEHOLD, R/O: NEW MANIKESHWARI COLONY, NEAR HANUMAN TEMPLE, BAHAMANIPURA, KALABURAGI – 585 102. 4. RAHUL S/O MAHADEV, AGE: MAJOR, OCC: BUSINESS AND OWNER OF BAJAJ PLATINA MOTORCYCLE BEARING NO.KA-32/ES-8420 HAVING CHASIS NO.MD2A76AY9JWA301195 ENGINE N. PFYWJA 04013, R/O: TRITANDA SEVA NAGAR, DEVARTAGNOOR, TQ: CHITTAPUR, DIST: KALABURAGI – 585 104. …RESPONDENTS (BY SRI SANJEEV PATIL, ADVOCATE FOR R1 TO R3) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 10.10.2022 PASSED BY THE I ADDITIONAL SENIOR CIVIL JUDGE AND MACT, AT KALABURAGI, IN MVC NO.167/2020 BY ALLOWING THE APPEAL AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC-K:3376 MFA No. 200517 of 2023 ORAL JUDGMENT Challenging judgment and award dated 10.10.2022 passed by I Addl. Senior Civil Judge and MACT, Kalaburagi, (for short, 'Tribunal') in MVC no.167/2020, this appeal is filed. 2. Sri Sanjeev Patil, learned counsel for respondents no.1 to 3/claimants submitted that award in MVC no.167/2020 is in respect of accident that occurred on 25.02.2019 involving two motorcycles ie., motorcycle bearing registration no.KA- 32/EQ-8649 and another bearing registration no.KA-32/ES- 8420, in which there were two claims ie., MVC nos.166/2020 and 167/2020. Tribunal allowed both claim petitions and awarded compensation holding insurer is liable to pay same. 3. It is submitted insurer had preferred separate appeal against judgment and award on common grounds. However, MFA no.201504/2023 filed against award in MVC no.166/2020 came to be dismissed by this Court on 07.04.2025 considering contention of insurer on liability and quantum. In view of same present appeal would not be tenable. Therefore notice to respondent no.4 – owner of vehicle is not necessary and seeks for dismissal of appeal. - 4 - HC-KAR NC: 2025:KHC-K:3376 MFA No. 200517 of 2023 4. Sri Manvendra Reddy, learned counsel for appellant has not disputed said legal position. 5. Taking note of submissions and finding of this Court in MFA no.201504/2023 disposed of on 07.04.2025, contentions of insurer on liability would not survive for consideration. 6. Consequently, following: ORDER i) Appeal stands dismissed. ii) Amount in deposit is ordered to be transmitted to tribunal for dispersal. iii) Balance, if any, to be deposited within six weeks. Sd/- (RAVI V HOSMANI) JUDGE Psg* List No.: 1 Sl No.: 15 Ct;Vk