Sri Praveen S/O Nagalingappa Badiger vs Mr. Channabasayya S/O Budayya Pujar

Karnataka High Court

Sri Praveen S/O Nagalingappa Badiger vs Mr. Channabasayya S/O Budayya Pujar on 7 March, 2026

                                                 -1-
                                                             NC: 2026:KHC-D:3663
                                                       MFA No. 100460 of 2022


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                            DATED THIS THE 7TH DAY OF MARCH, 2026

                                           BEFORE

                           THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

               MISCELLANEOUS FIRST APPEAL NO.100460 OF 2022 (MV-I)

                      BETWEEN:

                      1.    SRI. NAGALINGAPPA
                            S/O. PRADANEPPA BADIGER,
                            AGE. 58 YEARS, OCC. NIL,

                                  DEAD BY LRS-

                      2.    SRI. PRAVEEN
                            S/O. NAGALINGAPPA BADIGER,
                            AGE. 32 YEARS, OCC. STUDENT,
                            R/O. C/O. P.K. YADAGAI,
                            JANGALIPETH, NEAR BASAVESHWAR TEMPLE,
                            NEKAR NAGAR ROAD, OLD HUBBALLI,
                            HUBBALLI, DIST. DHARWAD,
                            NOW AT TEJASWI NAGAR, DHARWAD,
Digitally signed by         TQ. AND DIST. DHARWAD, PIN-580004.
VIJAYALAKSHMI
M KANKUPPI
Location: HIGH        2.    SRI. KIRAN S/O. NAGALINGAPPA BADIGER,
COURT OF
KARNATAKA                   AGE. 30 YEARS, OCC. STUDENT,
                            R/O. C/O. P.K. YADAGAI,
                            JANGALIPETH, NEAR BASAVESHWAR TEMPLE,
                            NEKAR NAGAR ROAD, OLD HUBBALLI,
                            HUBBALLI, DIST. DHARWAD,
                            NOW AT TEJASWI NAGAR, DHARWAD,
                            TQ. AND DIST. DHARWAD, PIN-580004.

                                                                    ...APPELLANTS

                      (BY SRI. HANAMANT R.LATUR, ADVOCATE)
                           -2-
                                     NC: 2026:KHC-D:3663
                                 MFA No. 100460 of 2022


HC-KAR




AND:

1.   MR. CHANNABASAYYA
     S/O. BUDAYYA PUJAR,
     AGE. 49 YEARS, OCC. BUSINESS,
     R/O. UGGINAKERI, TQ. KALAGHATAGI,
     DIST. DHARWAD, PIN-580020.

2.   THE DIVISIONAL MANAGER,
     THE NEW INDIA INSURANCE CO. LTD.,
     R/O. SOMESHWAR HEIGHTS,
     OPPOSITE OLD DY. S.P. OFFICE,
     P.B. ROAD, DHARWAD,
     TQ. AND DIST. DHARWAD, PIN-580001.

                                          ...RESPONDENTS

(BY SRI. M.Y. KATAGI, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH)


       THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO
ENHANCE THE COMPENSATION BY MODIFYING THE JUDGMENT
AND AWARD DATED 29.10.2021 PASSED IN MVC NO.583/2018
ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, DHARWAD,
IN THE INTEREST OF JUSTICE AND EQUITY.



       THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
                               -3-
                                           NC: 2026:KHC-D:3663
                                       MFA No. 100460 of 2022


 HC-KAR




                         ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI) The learned counsel for the petitioner has filed a memo for disposal of the appeal stating that, in view of the compromise between the parties in MFA No.100566/2022 filed by the Insurance Company, this appeal does not survive for consideration. Accordingly, the appeal may be dismissed as does not survive for consideration.

2. The memo is placed on record.

3. Accordingly, the appeal is dismissed as having rendered infructuous.

Sd/-

(ASHOK S. KINAGI) JUDGE MBS CT: UMD List No.: 1 Sl No.: 43