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2025 DAILYLAW 38529 (KAR)

THE DIVISIONAL MANAGER, v. KALLAPPA S/O. MAHADEV KAMBLE

MFA/21703/2013 · 2025-09-11

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12123 MFA No. 21703 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 21703 OF 2013 (MV-I) BETWEEN: 1. THE DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD., THROUGH ITS DIVISIONAL, RAMADEV GALLI, BELGAUM, NOW REPRESENTED BY ITS MANAGER, MRS. SAVITA D. KAMAT, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, ARIHANT ARCHADE, KUSUGAL ROAD, KESHWAPUR, HUBLI. …APPELLANT (BY SRI. SURESH S GUNDI, ADV) AND: 1. SRI. KALLAPPA S/O. MAHADEV KAMBLE AGE: 38 YEARS, OCC: AGRICULTURE, NOW NIL, R/O. AMBEDKAR GALLI, BELGUNDI, TQ: & DIST: BELGAUM. 2. SRI. YALLAPPA YASHAWANT PATIL AGE: 53 YEARS, OCC: BUSINESS AND AGRICULTURE, R/O. SONOLI, TQ: & DIST: BELGAUM. …RESPONDENTS (BY SRIYUTHS. K. RAGHAVENDRA RAO & V.VIDYA, ADVS FOR R2, AND NOTICE TO R1 IS SERVED) THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DTD:01-03-2013 PASSED IN MVC.NO.632/2010 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I AND MEMBER, ADDL. MACT, BELGAUM, AWARDING THE COMPENSATION OF RS.9,500/- WITH INTEREST AT THE RATE OF 8% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:12123 MFA No. 21703 of 2013 CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI ORAL JUDGMENT This appeal is filed by the Insurance Company challenging the judgment and award dated 01.03.2013 passed in MVC No.632 of 2010 wherein the Tribunal awarded a compensation of ₹9,500/-. The compensation awarded by the Tribunal is ₹9,500/-, remedy of appeal is not available under section 173(2) of the Motor Vehicle Act where the amount in dispute is less than Rs.10,000/- since the appellant has got an alternative efficacious remedy. Accordingly, the appeal is dismissed as not maintainable. Liberty is reserved to the appellant to challenge the impugned judgment before the appropriate forum in appropriate proceedings. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB