THE LEGAL CLAIMS MANAGER v. NAVAJA BASA D/O HUSAN SAB
MFA/104415/2025 · 2025-10-29
Chillakur Sumalatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85509 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85509 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14639 MFA No. 104415 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 104415 OF 2025 (MV-)
BETWEEN:
THE LEGAL CLAIMS MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., 4TH FLOOR, VA KALBURGI MANSION, OPP: MUNCIPAL CORPORATION, LAMINGTON ROAD, HUBBALLI, KARNATAKA-580020. …APPELLANT
(BY SRI. MADHUKESHWAR DESHPANDE, ADVOCATE)
AND:
1.
NAVAJA BASA D/O. HUSAN SAB, AGE: 8 YEARS, OCC: STUDENT, PETITIONER IS BEING MINOR REPRESENTED BY THEIR NATURAL GRANDMOTHER, SMT. JATHUNABI W/O. KHASIM @ HUSAN SAB, AGE: 48 YEARS, OCC: COOLI, R/O. KOMBLI, TQ: HADAGALI, DIST: VIJAYANAGAR, NOW AT KAMADOD, TQ: RANEBENNUR, DIST: HAVERI-581115.
GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.03 12:22:05 +0530
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HC-KAR NC: 2025:KHC-D:14639 MFA No. 104415 of 2025
2.
MR. SURESH S/O. RAMCHANDRA NAYAK, R/O. 704BSANNA ALGERI, TQ: ANKOLA, DIST: UTTAR KANNADA-581314, OWNER OF VEHICLE NO. KA-04/MP-4242 …RESPONDENTS
THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 25.06.2025 PASSED BY THE ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL AND II ADDITIONAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, RANEBENNUR IN M.V.C. NO.501/2022, WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:14639 MFA No. 104415 of 2025
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER (PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Sri.Madhukeshwar Deshpande, learned counsel for the appellant states that though the value of the appeal is below Rs.1,00,000/-, as in the connected claims, appeals were filed in the same series, the present appeal is filed.
2. The value of the appeal admittedly is below Rs.1,00,000/-. Simply because the connected awards are in appeal, the present appeal cannot be entertained that too without valid reason. Therefore, the appeal stands dismissed.
3. Proceedings in pending interlocutory applications, if any, stand closed.
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HC-KAR NC: 2025:KHC-D:14639 MFA No. 104415 of 2025
5. Amount in deposit, if any, be transmitted to the concerned Tribunal, forthwith.
Sd/- (CHILLAKUR SUMALATHA) JUDGE
RH CT-MCK List No.: 1 Sl No.: 57