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2025 DAILYLAW 37610 (KAR)

SRI KASIM MOHAMMED SAB S/O MOYHAMMED SAB v. M/S VIVEK TRANAPORTS

MFA/100678/2024 · 2025-11-12

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15478 MFA No. 100678 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 100678 OF 2024 (MV-D) BETWEEN: 1. SRI. KASIM MOHAMMED SAB S/O. MOHAMMED SAB, AGE: 67 YEARS, OCC: NOT KNOWN, 2. SMT. SAFIYA KASIM SAB W/O. KASIM MOHAMMED SAB, AGE: 57 YEARS, OCC: NOT KNOWN, BOTH ARE R/AT. MUJAMIL MANZIL, NEAR MOHIDIN JUMMA MASJID, KASARKOD, TONKA, HONNAVAR, DIST: UTTAR KANNADA-581334. …APPELLANTS (BY SRI. P.G. CHIKKANARAGUND, ADVOCATE) AND: 1. M/S. VIVEK TRANAPORTS, NO.99, SECTOR 17A, GURGAON, HARIYANA-122001, BY ITS PROPRIETOR. 2. M/S. IFFCO TOKIO GENERAL INSURANCE CO. LTD., 1ST FLOOR, SECTOR-19, SPECIAL HUDA MARKET, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15478 MFA No. 100678 of 2024 NEAR BHADRAKAL CHOWK, FARIDABADH, HARIYANA-121102, REP. BY ITS AUTHORIZED OFFICER. 3. MR. VICTOR D’SOUZA, AGE: MAJOR, OCC: NOT KNOWN, NIRMAALA SERVICE STATION, UJJODI, PUMPWELL, MANGALORE-575002. 4. M/S UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE, UDUPI-576101, BY ITS DIVISONAL MANAGER. 5. HARISH S/O. GANAPA, R/O. MANOOR, PADUKERI, KOTATHATTU, POST: MANOOR VILLAGE, KOTA, UDUPI-576101. 6. MR. ABU SALMAN S/O. ABUBAKKAR, AGE: 42 YEARS MANJUSHREE COMPLEX, ANKADAKATTE, KOTESHWAR VILLAGE AND POST KUNDAPURA TALUK-576201, UDUPI DISTRICT. …RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE ACT, 1988 PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 27.06.2023 IN M.V.C. NO.263/2017 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, JUDICIAL MAGISTRATE FIRST CLASS AND MOTOR ACCIDENT CLAIMS TRIBUNAL HONNAVARA AND AWARD THE COMPENSATION AS CLAIMED IN CLAIM PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15478 MFA No. 100678 of 2024 CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. The appeal was filed in the year 2024 and till now, office objections are not complied. 2. This Court does not find any grounds to grant further time. 3. Therefore, the appeal stands dismissed for non-compliance of office objections. Sd/- (CHILLAKUR SUMALATHA) JUDGE RHR/- CT-MCK List No.: 2 Sl No.: 1