MOUNESH S/O HUSENAPPA BALAGANUR v. MALLIKARJUN S/O HANAMANTAPPA LEKKIHAL
MFA/102622/2015 · 2025-10-10
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59472 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59472 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13721 MFA No. 102622 of 2015
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 102622 OF 2015 (MV-I)
BETWEEN:
MOUNESH S/O. HUSENAPPA BALAGANUR, AGE: 43 YEARS, OCC: PRIVATE WORK, R/O: WARD NO.2, HUNGUND, TQ: HUNGUND, DIST: BAGALKOT. …APPELLANT
(BY SRI. SHASHWATH S. HIREMATH FOR SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATES)
AND:
1. MALLIKARJUN S/O. HANAMANTAPPA LEKKIHAL, AGE: 43 YEARS, OCC: CONTRACTOR, R/O NEAR LINGADAKATTI, HUNGUND, TQ: HUNGUND, DIST: BAGALKOT.
2.
THE MANAGER, RELIANCE GENERAL INSURANCE COMPANY, CTS NO.472/474,
GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD
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HC-KAR NC: 2025:KHC-D:13721 MFA No. 102622 of 2015
V.A. KALBURGI SQUARE, DESAI CROSS, DESHPANDE NAGAR, HUBLI–580029. …RESPONDENTS
(BY SRI. SURESH S. GUNDI, ADVOCATE FOR R2;
NOTICE TO R1 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYED THAT AFTER CALLING FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HON’BLE COURT BE PLEASED TO ENHANCE THE COMPENSATION FROM RS.1,21,533/- TO RS. 15,00,000/- WITH INTEREST OF 24% AND TO DIRECT THE RESPONDENTS TO PAY THE COMPENSATION, BY MODIFYING THE JUDGMENT & AWARD DATED 09.10.2013 PASSED BY THE COURT OF THE MOTOR VEHICLE ACCIDENT CLAIMS TRIBUNAL NO.X, HUNAGUND, AT: HUNGUND IN M.V.C.
NO.325/2012, IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:13721 MFA No. 102622 of 2015
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Sri.Shashwath S.Hiremath who represents Sri.Mrutyunjay S.Hallikeri learned counsel on record for the appellant as well as Sri.Suresh S.Gundi learned counsel for respondent No. 2.
2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-X, Hunagund (hereinafter referred to as ‘the tribunal’ for brevity) in MVC No.325/2012 dated 09.10.2013. This is the claimant’s appeal.
3. The tribunal through the impugned award granted a sum of Rs.1,21,533/- as compensation. The appellant filed the present appeal seeking enhancement.
4. On this day learned counsel for the appellant as well as learned counsel for respondent No.2 submit that on negotiation, respondent No.2 agreed to pay a sum of
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HC-KAR NC: 2025:KHC-D:13721 MFA No. 102622 of 2015
Rs.2,25,000/- globally including interest to the appellant and the appellant agreed to receive the same as full and final settlement. Both the learned counsel seek to dispose of the appeal in the light of the understanding arrived at.
5. Having considered the submission thus made, the appeal is disposed of with the following:
ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-X, Hunagand through orders in MVC No.325/2012 dated 09.10.2013 is enhanced by Rs.2,25,000/-. (iii) Respondent No.2 shall deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. (iv) On failure to deposit within such time, the enhanced sum shall carry interest at the
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HC-KAR NC: 2025:KHC-D:13721 MFA No. 102622 of 2015
rate of 6% per annum from the date of petition till the date of deposit. (v) On deposit, the appellant is permitted to withdraw the entire amount.
Sd/- (CHILLAKUR SUMALATHA) JUDGE
RH CT-MCK List No.: 1 Sl No.: 37