SMT KURSHID W/O MOHAMMADGOUS SHAIKH v. ASLAM MOHAMMADALI SHAIKH
MFA/103252/2024 · 2025-01-09
B M Shyam Prasad, Ramachandra D Huddar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6595 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6595 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC-D:309-DB MFA No. 103252 of 2024 C/W MFA No. 103072 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 103252/2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 103072/2024 (MV-I) IN MFA NO.103252/2024 BETWEEN:
SMT. KURSHID W/O MOHAMMADGOUS SHAIKH AGE. 61 YEARS, OCC. HOUSEHOLD WORK AND COOLIE (NOW NIL), R/O. SHANIWAR PETH, NEAR GANAPATI MINDRI, MIRAJ, TQ. MIRAJ, DIST. SANGLI-416410. STATE. MAHARASHTRA. - APPELLANT (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)
AND:
1. ASLAM MOHAMMADALI SHAIKH, AGE: MAJOR, OCC. BUSINESS, R/O. KOKANE GALLI, NEAR BALEPEER DARGA, MIRAJ, TQ. MIRAJ, DIST. SANGLI-416410. STATE. MAHARASHTRA. (OWNER OF TATA INDIGO CAR NO.MH-09/BB-9856)
2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD BELAGAVI-590001, DIST. BELAGAVI. (INSURER OF TATA INDIGO CAR NO.MH-09-BB-9856 POLICY NO.15170231120100027337 VALID FROM 07-03-2013 TO 06-03-2014) - RESPONDENTS (BY SRI. S.S. KOLIWAD, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.10 10:14:49 +0530
- 2 -
NC: 2025:KHC-D:309-DB MFA No. 103252 of 2024 C/W MFA No. 103072 of 2024
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2019 PASSED IN MVC NO.1997/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, ATHANI & ETC. IN MFA NO.103072/2024 BETWEEN:
SMT. SHAMA W/O SAMEER SHAIKH, AGE. 36 YEARS, OCC. HOUSEHOLD WORK AND COOLIE (NOW NIL), R/O. SHANIWAR PETH, NEAR GANAPATI MINDRI, MIRAJ, TQ. MIRAJ, DIST. SANGLI-416410. STATE. MAHARASHTRA. - APPELLANT (BY SRI. MAQBOOLAHAMED M. PATIL, ADVOCATE)
AND:
1. ASLAM MOHAMMADALI SHAIKH, AGE. MAJOR, OCC. BUSINESS, R/O. KOKANE GALLI, NEAR BALEPEER DARGA, MIRAJ, TQ. MIRAJ, DIST. SANGLI-416410. STATE. MAHARASHTRA. (OWNER OF TATA INDIGO CAR NO.MH-09/BB-9856)
2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., CLUB ROAD BELAGAVI-590001, DIST. BELAGAVI. (INSURER OF TATA INDIGO CAR NO.MH-09-BB-9856 POLICY NO.15170231120100027337 VALID FROM 07-03-2013 TO 06-03-2014) - RESPONDENTS (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1)OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 26.11.2019 PASSED IN MVC NO.2002/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND AMACT, ATHANI & ETC.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
NC: 2025:KHC-D:309-DB MFA No. 103252 of 2024 C/W MFA No. 103072 of 2024
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
Sri Maqboolahamed M. Patil, the learned counsel for the appellant, files a memo for withdrawal stating that the present appeals are presented without being made known of the earlier appeals and that these earlier appeals now stand
disposed of. Accepting the reason assigned, the appeals are dismissed.
Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE bvv LIST NO.: 1 SL NO.: 57