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2025 DAILYLAW 12407 (KAR)

YADUL v. AHAMED @ AHAMADPASH AND ANR

MFA/200494/2022 · 2025-06-18

Ravi V Hosmani

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-K:3189 MFA No. 200494 of 2022 C/W MFA No. 200220 of 2020 MFA No. 200221 of 2020 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI MISCL. FIRST APPEAL NO.200494 OF 2022 (MV-) C/W MISCL. FIRST APPEAL NO. 200220 OF 2020 MISCL. FIRST APPEAL NO. 200221 OF 2020 IN M.F.A.NO.200494/2022 BETWEEN: YADUL S/O YUNOOSHMIYYA KURASI AGE: 27 YEARS, R/O: JAMAGI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …APPELLANT (BY SRI SHARANAGOWDA V.PATIL, ADVOCATE) AND: 1. AHAMED @ AHAMADPASH S/O ABDUL SALIMIYYA, AGE: 36 YEARS, R/O: CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. 2. SAMAD PASHA S/O ABDUL SALIMIYYA, AGE: 45 YEARS, R/O: NO.137 C, CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …RESPONDENTS (BY SRI SANDEEP VIJAYKUMAR, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3189 MFA No. 200494 of 2022 C/W MFA No. 200220 of 2020 MFA No. 200221 of 2020 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ENHANCE THE COMPENSATION AMOUNT PAYABLE TO THE APPELLANT BY SUITABLY MODIFYING THE JUDGMENT AND AWARD DATED 20.12.2019 PASSED BY THE COURT OF SENIOR CIVIL JUDGE AND J.M.F.C. AND MOTOR ACCIDENT CLAIMS TRIBUNAL AT AURAD-B IN M.V.C. NO.401/2016, IN THE INTEREST OF JUSTICE AND EQUITY. IN M.F.A.NO.200220/2020 BETWEEN: 1. AHAMED @ AHAMADPASH S/O ABDUL SALIMIYYA, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. 2. SAMAD PASHA S/O ABDUL SALIMIYYA, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: NO.137 C, CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …APPELLANTS (BY SRI SANDEEP VIJAYKUMAR, ADVOCATE) AND: YADUL S/O YUNOOSHMIYYA KURASI AGE: 27 YEARS, R/O: JAMAGI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …RESPONDENT (BY SRI SHARANAGOWDA V.PATIL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 21.12.2019 IN M.V.C.NO.401/2016 ON THE FILE OF IN THE COURT OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AND M.A.C.T., AURAD-B, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-K:3189 MFA No. 200494 of 2022 C/W MFA No. 200220 of 2020 MFA No. 200221 of 2020 IN M.F.A.NO.200221/2020 BETWEEN: 1. AHAMED @ AHAMADPASH S/O ABDUL SALIMIYYA, AGE: 34 YEARS, OCC: AGRICULTURE, R/O: CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. 2. SAMAD PASHA S/O ABDUL SALIMIYYA, AGE: 44 YEARS, OCC: AGRICULTURE, R/O: NO.137 C, CHIKLI VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …APPELLANTS (BY SRI SANDEEP VIJAYKUMAR, ADVOCATE) AND: MULTANSAB S/O KHAJA SAB, AGE: 80 YEARS, SINCE DECEASED BY HIS LRS. 1. GANI SAB D/O LATE MULTAN SAB, AGE: 49 YEARS, 2. AYYUBMIYA D/O LATE MULTAN SAB, AGE: 39 YEARS, 3. GOUSE MIYAN D/O LATE CHAND SAB, AGE: 28 YEARS, ALL ARE R/O: CHIKLI (J) VILLAGE, TQ: AURAD-B, DIST: BIDAR – 585 401. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 07.11.2019 IN M.V.C.NO.402/2016 ON THE FILE OF IN THE COURT OF THE SENIOR CIVIL JUDGE AND J.M.F.C., AND M.A.C.T., AURAD-B, IN THE INTEREST OF JUSTICE. - 4 - HC-KAR NC: 2025:KHC-K:3189 MFA No. 200494 of 2022 C/W MFA No. 200220 of 2020 MFA No. 200221 of 2020 THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL JUDGMENT A memo is filed for withdrawal of MFA no.200494/2022 on ground that claimant and owner have settled matter before Lok Adalath. 2. Taking memo on record, appeal in MFA no.200494/2022 is dismissed as withdrawn. 3. Likewise, appeals in MFAs no.200220/2020 and 200221/2020 are also sought to withdraw by filing memo. 4. Taking memo on record, both appeals are also dismissed as withdrawn. Amount in deposit, if any, shall be refunded to appellants in MFAs no.200220/2020 and 200221/2020. Sd/- (RAVI V HOSMANI) JUDGE MSR List No.: 1 Sl No.: 63