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2025 DAILYLAW 47848 (KAR)

SMT KASTURI S/O HANAMANTH B GOUDAR v. SHRI MAHADEV S/O RAMAPPA AGALANNAVAR

MFA/100087/2024 · 2025-10-27

Chillakur Sumalatha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14288 MFA No. 100087 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.100087 OF 2024 (MV-I) BETWEEN: SMT. KASTURI S/O. HANAMANTH B. GOUDAR, AGE: 54 YEARS, OCC: COOLIE NOW NIL R/O. CHIGADOLLI, TQ: GOKAK, DIST: BELAGAVI-593107. …APPELLANT (BY SRI. SANTOSH S. HATTIKATAGI, ADVOCATE) AND: 1. SHRI MAHADEV S/O. RAMAPPA AGALANNAVAR, AGE: 41 YEARS, OCC: AGRICULTURE COOLIE, R/O. PATAGUNDI, TQ: MUDALAGI, DIST: BELAGAVI-593107. 2. SBI GENERAL INSURANCE CO. LTD., BY ITS SENIOR DIVISIONAL MANAGER, ”NATARAJ” 101, 102 AND 103, JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDERI KURLA-ROAD, ANDHERI (EAST), MUMBAI-400069. …RESPONDENTS (BY SRI. MALLIKARJUN MADANALLI, ADVOCATE FOR SRI. NAGARAJ C. KOLLOORI, ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH) Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.31 11:00:27 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14288 MFA No. 100087 of 2024 THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE XII ADDITIONAL DISTRICT JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, SITTING AT GOKAK IN M.V.C.NO.173/2022 DATED 18.11.2023 BY ENHANCING THE COMPENSATION AS PRAYED FOR IN THE CLAIM PETITION, BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) 1. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Belagavi, in MVC No.173/2022 dated 18.11.2023. This is a claimant’s appeal. 2. The appellant filed a petition before the Tribunal, claiming compensation of Rs.15,00,000/- in total. The Tribunal, through the impugned award, granted a sum of Rs.2,79,000/- as compensation. 3. Sri. Santosh S. Hattikatagi, learned counsel for the appellant, as well as Sri.Mallikarjun Madanalli, who - 3 - HC-KAR NC: 2025:KHC-D:14288 MFA No. 100087 of 2024 is representing Sri.Nagaraj C. Kolloori, learned counsel on record for respondent No.2 submit that after thorough discussions and negotiations, an understanding was arrived at between both parties. Both the learned counsel submit that respondent No.2 agreed to pay an additional sum of Rs.1,95,000/- together with interest, and the appellant agreed to receive the same towards full and final settlement. Both the learned counsel seek the Court to dispose of the matter accordingly. 4. Having considered the submission thus made, the appeal is disposed of with the following order: ORDER i. The appeal is allowed in part. ii. The compensation that is granted by the Motor Accident Claims Tribunal, Belagavi - 4 - HC-KAR NC: 2025:KHC-D:14288 MFA No. 100087 of 2024 through orders in MVC No.173/2022 dated 18.11.2023 is enhanced by Rs.1,95,000/-. iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.2 shall deposit the enhanced sum along with interest within a period of eight weeks from the date of receipt of certified copy of this judgment. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (CHILLAKUR SUMALATHA) JUDGE gab CT-MCK List No.: 1 Sl No.: 7