- 1 - NC: 2025:KHC-D:2457 MFA No. 21480 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.21480 OF 2013 (MV) BETWEEN: HANAMANTHAPPA S/O. SHIVAPPA GANIGER, AGE: 28 YEARS, OCC: TEACHER, R/O: SAVANUR MUSKAN NILAYA SIDDAROD COLONY, SHIVAGERI, DHARWAD. …APPELLANT (BY SRI M.L. VANTI, ADVOCATE) AND: 1. GANGADHAR C.KAMATAGI, AGE: MAJOR, OCC: OWNER OF THE GOODS VEHICLE, R/O: KAMATHAGI ONI, KAMALAPUR, DHARWAD. 2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., KALABURGI BUILDING, LAMINGTON ROAD, HUBLI. …RESPONDENTS (BY SRI S.K. KAYAKAMATH, ADVOCATE FOR R2; R1-SERVICE OF NOTICE DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND AWARD DATED 10-07-2012 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-I, AT DHARWAD IN MVC NO.838/2009 AND ENHANCE THE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2457 MFA No. 21480 of 2013 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) Learned counsel for respondent No.2 submitted that the very same claimant who is appellant before this Court has preferred another appeal in MFA No.20593/2013, which was disposed of in Lok Adalat on 14.01.2015. Hence, this appeal is amounts to duplication of claim in view of settlement of claim in appeal in MFA No.20593/2013, which was filed by the very same claimant. Consequently, this appeal does not survive for consideration. Accordingly, the appeal is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 40