- 1 - NC: 2025:KHC-K:1690 MFA No. 204331 of 2023 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.204331 OF 2023 (MV-I) BETWEEN: THE MANAGER LEGAL, RELIANCE GEN. INS. CO. LTD., 3RD FLOOR, ASIAN PLAZA, TIMMAPURI CIRCLE, MAIN ROAD, KALABURAGI, (NOW REPRESENTED BY AUTHORISED SIGNATORY, DESHPADE NAGAR, HUBLI). …APPELLANT (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE) AND: 1. SIDDAPPA S/O BUKKARAYA HIREKURUBAR URF PUJARI, AGE: 47 YEARS, OCC: AGRICULTURE AND TEA SHOP BUSINESS, R/O RAMPUR, TQ. SINDAGI, DIST. VIJAYAPURA-586 101, NOW RESIDING AT ADARSH NAGAR, VIJAYAPURA-586 101. 2. ABDUL GHANI S/O SHAIK AHMED, AGE: 60 YEARS, OCC: BUSINESS, R/O H. NO. 2-2, 146/5/A, TULASI NAGAR, SAIPUR, THANDUR, RANGAREDDY, DIST. RANGAREDY TELANGANA-501 141. 3. THE BRANCH MANAGER, THE NEW INDIA ASS. CO. LTD., S.S. ROAD, VIJAYAPURA-586 101. 4. KABIRSAB S/O KHALESAB THAMBOLLI, Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1690 MFA No. 204331 of 2023 AGE: 55 YEARS, OCC: BUSINESS, R/O NEAR SALAKKI HOSPITAL, MADINA NAGAR, SINDAGI, DIST. VIJAYAPURA-586 101. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, PRAYING TO ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DTD. 16.08.2023 IN MVC NO. 446/2018 PASSED BY THE 1ST ADDL. SENIOR CIVIL JUDGE AND MACT VI AT VIJAYAPURA. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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. The appeal is dismissed. - 3 - NC: 2025:KHC-K:1690 MFA No. 204331 of 2023 The amount in deposit, if any, be transmitted to the Tribunal. Sd/- (C M JOSHI) SDU LIST NO.: 2 SL NO.: 4 CT: AK