Hanmantraya S/O Shakrappa Nagur vs Holeppa And Ors
2023 Latest Caselaw 8785 Kant

Karnataka High Court

Hanmantraya S/O Shakrappa Nagur vs Holeppa And Ors on 28 November, 2023

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

                                               -1-
                                                     NC: 2023:KHC-K:8861
                                                        MFA No. 201122 of 2023




                             IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                        DATED THIS THE 28TH DAY OF NOVEMBER, 2023

                                            BEFORE
                           THE HON'BLE MR. JUSTICE M.G.S.KAMAL

                    MISCL. FIRST APPEAL NO.201122 OF 2023 (MV-D)

                   BETWEEN:

                   HANAMANTRAYA
                   S/O SHAKRAPPA NAGUR,
                   AGE: 29 YEARS,
                   OCC: AGRICULTURE AND BUSINESS,
                   R/O KAREKALI, TQ. SHORAPUR,
                   DIST. YADGIRI.

                                                                   ...APPELLANT

                   (BY SRI. SANGANABASAVA B. PATIL, ADVOCATE)

                   AND:
Digitally signed
by LUCYGRACE       1.    HOLEPPA
                         S/O KAVALEPPA JAGANDABAVI,
Location: HIGH
COURT OF                 AGE: 48 YEARS, OCC: AGRICULTURE,
KARNATAKA
                   2.    LAXMIBAI
                         D/O HOLEPPA JAGANDABAVI,
                         AGE: 20 YEARS, OCC: STUDENT,

                   3.    VEERESH
                         S/O HOLEPPA JAGANDABAVI,
                         AGE: 18 YEARS, OCC: NIL,

                   4.    BAGAMMA
                         D/O HOLEPPA JAGANDABAVI,
                         AGE: 16 YEARS, OCC: STUDENT,
                             -2-
                                    NC: 2023:KHC-K:8861
                                     MFA No. 201122 of 2023




     M/G BY FATHER OF APPELLANT NO.1,

5.   SANJANA @ MALLAMMA
     D/O HOLEPPA JAGANDABAVI,
     AGE: 13 YEARS, OCC: STUDENT,
     M/G BY FATHER OF APPELLANT NO.1,

     ALL ARE R/O MASKANAL
     TQ. MUDDEBIHAL,
     DIST. VIJAYAPURA - 586 101.

6.   THE DIVISIONAL MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     HEAD OFFICE-24, WHITES ROAD,
     CHENNAI - 600 014.

                                             ...RESPONDENTS

(SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE
 FOR R1 TO R3;
 R4 AND R5 ARE MINORS U/G OF R1;
 SRI. SHARANABASAPPA M. PATIL, ADVOCATE, FOR R6)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
AWARD PASSED BY THE SENIOR CIVIL JUDGE AND MACT AT
SHORAPUR    IN   MVC   NO.91/2020    DATED   01.12.2022   BY
ALLOWING THE ABOVE APPEAL.


      THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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                                    NC: 2023:KHC-K:8861
                                     MFA No. 201122 of 2023




                         JUDGMENT

The appellant and the respondents-claimants are

personally present. They are duly identified by their

respective counsel.

2. A joint memo is filed along with the affidavits of

appellant and respondent Nos.1 to 5/claimants reporting

the settlement.

3. The joint memo is taken on record.

4. The appeal is disposed of having been settled

out of Court in terms of the joint memo.

5. The statutory deposit of Rs.25,000/- made by

the appellant before this Court is ordered to be refunded

to him.

Sd/-

JUDGE

LG