- 1 - HC-KAR NC: 2025:KHC-D:11709 MFA No. 105770 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 09TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 105770 OF 2024 (MV-D) BETWEEN: 1. SHABANA D/O MAHABUBSAB DHARWAD AGE. 34 YEARS, OCC. HOUSEHOLD R/O. BIRABAND ONI, NEAR MASQUE OLD HUBBALLI, HUBBALLI DIST. DHARWAD-580024 (SINCE PETITIONER NO.1 DIED AS SUCH SHE HAS NOT MADE AS PARTY IN THIS APPEAL) &APPELLANT (BY SRI. ANJANEYA M, ADV) AND: 1. MR. SUBHAS S/O LAGAMAPPA PADDALLI AGE. 42 YEARS, OCC. BUSINESS, R/O. A/P. NAGANUR, TQ. GOKAK DIST. BELGAUM-591307. 2. UNITED INDIA INSURANCE CO. LTD., R.M. JOSHI BUILDING, LAMINGTON ROAD, HUBBALLI-580020 REPTD BY ITS DIVISIONAL MANAGER. &RESPONDENTS (BY SRI. RAJASHEKAR ARANI, ADV FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/SEC.173 (1) OF MV ACT, 1988, PRAYING TO, BE MODIFIED AND ENHANCE THE COMPENSATION IN THE JUDGMENT AND AWARD DATED 08.02.2024 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND ADDL. MACT, HUBBALLI, IN MVC NO.622/2022, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER: MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.09.12 16:40:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:11709 MFA No. 105770 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) Learned counsel for the appellant filed a memo stating that the appellant filed this appeal seeking enhancement of compensation awarded by the Tribunal. In the meanwhile, respondent No.2-Insurance Company preferred an appeal in MFA No.101905/2024 challenging the quantum of compensation awarded by the Tribunal as well as on the ground of negligence before the Division Bench. The said appeal is allowed in part by reducing the compensation and as such, this appeal does not survive for consideration. Hence, prays to dismiss the appeal. Memo is placed on record. Accordingly, the appeal is dismissed. In view of dismissal of the appeal, I.A.I/2024 does not survive for consideration and accordingly stands disposed off. Sd/- (ASHOK S. KINAGI) JUDGE kmv CT: BSB