- 1 - NC: 2025:KHC:15610 MFA No. 2722 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 2722 OF 2025 (MV-I) BETWEEN: THE CLAIMS MANAGER, CHOLA MANDALAM GENERAL INSURANCE COMPANY LTD., OPPOSITE HIGH SCHOOL FIELD, AVK COLLEGE ROAD, DAVANAGERE - 577 002, REPRESENTED BY ITS MANAGER LEGAL, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGARA, BANGALORE - 560 010. …APPELLANT (BY SRI. D. VIJAYAKUMAR, ADVOCATE) AND: 1. SMT. B.V. RANI, W/O SHANTHARAJU G.B, AGED ABOUT 32 YEARS, R/AT LINGADAHALLI VILLAGE, DAVANAGERE DISTRICT - 577 221 NOW R/AT SHYAMANURU, DAVANAGERE TALUK AND DISTRICT - 577 004. Digitally signed by JYOTHI MANJUNATH Location: High Court of Karnataka - 2 - NC: 2025:KHC:15610 MFA No. 2722 of 2025 2. SYED SAMIULLA, S/O SYED KHASIM, AGED ABOUT 56 YEARS, R/AT NALLURU VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 221, (DRIVER CUM OWNER OF CAR BEARING REG. NO.KA 05-NA-9752) …RESPONDENTS THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.11.2024 PASSED IN MVC NO.595/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, DAVANAGERE, AWARDING COMPENSATION OF RS.40,400/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is dismissed only on the ground of maintainability under Section 173 (2) of the MV Act, 1988. - 3 - NC: 2025:KHC:15610 MFA No. 2722 of 2025 2. Amount in deposits shall be transmitted to the appellant by way of electronic transfer or production of bank details of proper identification. 3. Accordingly, the appeal is dismissed as not maintainable. 4. Certified copies shall be returned to the appellant after retaining a photocopy. Sd/- (PRADEEP SINGH YERUR) JUDGE AMM List No.: 1 Sl No.: 10 CT: BHK