- 1 - HC-KAR NC: 2025:KHC-D:15375 MFA No. 23423 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.23423 OF 2013 (MV) BETWEEN: THE NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, 55, MAHAVEER CHAMBERS, ASHOK NAGAR, NIPANI-591237, TQ: CHIKODI, REPRESENTED BY ITS DEPUTY MANAGER, REGIONAL OFFICE, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, REGIONAL OFFICE, ARIHANT PLAZA, KESHWAPUR, KUSUGAL ROAD, HUBLI-23. …APPELLANT (BY SMT. SHARMILA M. PATIL, ADVOCATE) AND: 1. SRI. SURESH KALLAPPA MALI, AGE: 35 YEARS, GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:15375 MFA No. 23423 of 2013 OCC: BUSINESS, R/O. K.C.ROAD, CHIKODI, TQ: CHIKODI, DIST: BELGAUM. 2. SRI. APPASAHEB KALLAPPA MALI, AGE: MAJOR, OCC: DRIVER, R/O. K.C. ROAD, CHIKODI, DIST: BELGAUM. …RESPONDENTS (BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE JUDGMENT AND AWARD DATED 30-04- 2013 PASSED BY THE PRESIDING OFFICER, FAST TRACK COURT-I, CHIKODI IN MVC NO.57/2001, WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2025:KHC-D:15375 MFA No. 23423 of 2013 ORAL JUDGMENT (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Ms. Sharmila M. Patil, learned counsel for the appellant as well as Sri Santosh S. Hattikatagi, learned counsel for respondent No.1. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Chikodi in MVC 57 of 2001 dated 30.04.2013. 3. Arguing the matter, learned counsel for the appellant states that after the accident, a settlement was arrived at and the appellant paid a sum of Rs.1,13,750/-. The said settlement was arrived at in the year 1999. Again in the year 2001, respondent No.1 filed a petition claiming compensation and the tribunal awarded a sum of Rs.79,000/- as compensation and aggrieved by the same the present appeal is filed. Learned counsel states that once there is understanding between the parties and final settlement was arrived at and the claimant also received amount, he cannot again seek for compensation. - 4 - HC-KAR NC: 2025:KHC-D:15375 MFA No. 23423 of 2013 4. Sri Santosh S. Hattikatagi learned counsel for respondent No.1 fairly submits that the appeal may be disposed of considering the contents of Ex.R1. 5. Ex.R1 which is titled ‘undertaking’ reveals that respondent No.1/claimant in consideration of receiving a sum of Rs.1,13,750/- in respect of the damage of his vehicle, also undertook the responsibility of third party claims arising if any. Thus, the contents of Ex.R1 reveal that the appellant paid the amount towards damage caused to the vehicle of respondent No.1 as well as for third party claims if any. Therefore this Court is of the view that respondent No.1 should not have filed another claim petition and equally the tribunal ought not to have granted compensation. Therefore the following: ORDER (i) The appeal is allowed. (ii) The award of the Motor Accident Claims Tribunal, Chikodi in MVC 57 of 2001 dated 30.04.2013 is set aside. - 5 - HC-KAR NC: 2025:KHC-D:15375 MFA No. 23423 of 2013 (iii) Amount if any in deposit, be transmitted to the concerned tribunal immediately. (iv) Concerned tribunal to refund the same to the appellant. Sd/- (CHILLAKUR SUMALATHA) JUDGE EM CT-MCK List No.: 1 Sl No.: 50