- 1 - NC: 2025:KHC-D:3043-DB MFA No. 100066 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.100066 OF 2023 (MV-D) BETWEEN: THE DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, R/O. BAPUGOUDAR COMPLEX, NEAR TALUKA PANCHAYAT OFFICE, OLD P.B. ROAD, HAVERI. REP/BY ITS AUTHORIZED SIGNATORY, ORIENTAL INSURANCE COMPANY LIMITED, REGIONAL OFFICE, SUMANGALA COMPLEX, OPPOSITE TO HDMC, LAMINGTON ROAD, HUBBALLI-580020, KARNATAKA. …APPELLANT (BY SRI. S.S. KOLIWAD, ADVOCATE) AND: 1. SMT. SHAHINA W/O. RIYAZ AHMED, AGE. 32 YEARS, OCC. HOUSEHOLD, R/O. THIMMAPUR, ANAVATTI, TQ. SORABA, DIST. SHIVAMOGGA, NOW AT AKKI ALUR, TQ. HANGAL, DIST. HAVERI-581102. 2. KUM. NAZIYA D/O. RIYAZ AHAMED, AGE. 08 YEARS, OCC. STUDENT, R/O. THIMMAPUR, ANAVATTI, TQ. SORABA, DIST. SHIVAMOGGA, NOW AT AKKI ALUR, TQ. HANGAL, DIST. HAVERI-581102. SINCE MINOR R/BY HER NATURAL MOTHER AS M/G SMT. SHAHINA W/O. RIYAZ AHMED (RESPONDENT NO.1) 3. SMT. APASANA W/O. RIYAZ AHMED AGE. 30 YEARS, OCC. HOUSEHOLD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3043-DB MFA No. 100066 of 2023 R/O. THIMMAPUR, ANAVATTI, TQ. SORABA, DIST. SHIVAMOGGA, NOW AT AKKI ALUR, TQ. HANGAL. 4. SMT. JAIBUNNISA K W/O. MADARSAB AGE. 62 YEARS, OCC. NIL, R/O. THIMMAPUR, ANAVATTI, TQ. SORABA, DIST. SHIVAMOGGA, NOW AT AKKI ALUR, TQ. HANGAL, DIST. HAVERI-581102. 5. SRI. MRUTYUNJAYA S/O. SHIVANANDAYYA HIREMATH AGE. 50 YEARS, OCC. TRANSPORT BUSINESS, R/O. CHIGALLI-581349, TQ. MUNDAGOD, DIST. KARWAR. OWNER OF LORRY NO.KA-31/8931. …RESPONDENTS (BY SRI. HARISH S. MAIGUR, ADVOCATE FOR R1 TO R4; R2 IS MINOR REP. BY R1; NOTICE TO R5 IS SERVED) THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, ALLOW THIS APPEAL AS PRAYED FOR THE SETTING ASIDE THE IMPUGNED JUDGMENT DATED 29.10.2022 AND AWARD DATED 03.11.2022 PASSED BY THE HON’BLE COURT OF THE ADDL. SENIOR CIVIL JUDGE AND AMACT, AT HANGAL IN MVC NO.865/2019 AND EXONERATE THE APPELLANT INSURANCE COMPANY FROM THE LIABILITY TO PAY AND RECOVER WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 3 - NC: 2025:KHC-D:3043-DB MFA No. 100066 of 2023 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) If the Insurer has filed this appeal in M.F.A. No.100066/2023 calling in question the judgment and award dated 29.10.2022 in M.V.C. No.865/2019 on the file of the Additional Senior Civil Judge and Additional M.A.C.T., Hangal [for short, ‘the Tribunal’], the Claimants have filed their appeal in M.F.A. No.103632/2022. The Claimants’ appeal in M.F.A. No.103632/2022 is disposed of on 05.04.2024 granting a total compensation of Rs.28,80,200/- as against the sum of Rs.24,44,400/- awarded by the Tribunal. If this judgment the appeal in M.F.A. No.103632/2022 is accepted, present the appeal in M.F.A. No.100066/2023 will not survive. However, Sri. S.S. Koliwad, the learned counsel for the appellant, submits that the appellant, is aggrieved by the Tribunal’s stipulation that the appellant can recover the compensation paid to the Claimants, but this Court must - 4 - NC: 2025:KHC-D:3043-DB MFA No. 100066 of 2023 observe that this is also considered by the Court while disposing of the appeal in M.F.A. No.103632/2022. As such, the present appeal stands disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE RSH, CT:VP LIST NO.: 1 SL NO.: 34