Karnataka High Court
Mallikarjun S/O Girimallappa ... vs Mahammad Imtiyaz on 21 August, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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NC: 2025:KHC-D:10596-DB
MFA No. 101136 of 2016
C/W MFA No. 100551 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF AUGUST 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 101136 OF 2016 (MV-D)
C/W MISCELLANEOUS FIRST APPEAL NO. 100551 OF 2017
IN MFA NO.101136 OF 2016:
BETWEEN:
MALLIKARJUN S/O. GIRIMALLAPPA SHEGUNSHI
OCC: BUSINESS, R/O: HARUGERI,
TQ: RAIBAG,
DIST: BELAGAVI.
...APPELLANT
(BY SRI. VITTHAL S.TELI, ADVOCATE)
AND:
1. MAHAMMAD IMTIYAZ
S/O. NISARAHMAD PENDARI,
AGE: 27 YEARS, OCC: COOLIE.
Digitally signed by
MALLIKARJUN
RUDRAYYA
KALMATH
Location: High
Court of
2. KUM. MOHAMMAD MAAZ
Karnataka,
Dharwad Bench S/O. IMTIYAZ PENDARI,
AGE: 3 YEARS, OCC: NIL,
SINCE MINOR REP. BY FATHER.
3. SMT. JAYARABI W/O. NISARAHMAD PENDARI
AGE: 46 YEARS, OCC: HOUSEHOLD WORK.
4. SHRI. NISARAHMAD S/O. HASHMSAB PENDARI
AGE: 62 YEARS, OCC: NIL,
ALL ARE R/O: H.NO.286/1, 2ND CROSS,
GANDHINAGAR, BELAGAVI.
5. SMT. RAFIQ S/O. IBRAHIM JAMADAR
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NC: 2025:KHC-D:10596-DB
MFA No. 101136 of 2016
C/W MFA No. 100551 of 2017
HC-KAR
AGE: MAJOR, OCC: BUSINESS (HANDICAP),
R/O: HARUGERI, TQ: RAIBAG,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. HANUMANT R.LATUR, ADVOCATE FOR R1 TO R4;
R2 IS MINOR REP. BY R1; NOTICE TO R5 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 23.03.2016 PASSED IN MVC
NO.2465/2014 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND MEMBER, ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL, BELAGAVI, AWARDING THE COMPENSTION OF
RS.6,54,000/- WITH INTEREST AT THE RATE OF 9% P.A., FROM THE
DATE OF PETITION TILL ITS REALISATION.
IN MFA NO.100551 OF 2017:
BETWEEN:
1. MAHAMMAD IMTIYAZ
S/O. NISARAHAMAD PENDARI,
AGE: 28 YEARS, OCC: COOLIE,
R/O: HOUSE NO.286/1, 2ND CROSS,
GANDHI NAGAR, BELAGAVI-590001,
TQ AND DIST: BELAGAVI.
2. KUM. MOHAMMAD MAAZ S/O. IMTIYAZ PENDARI
AGE: 3 YEARS, OCC: NIL,
R/O: HOUSE NO.286/1, 2ND CROSS,
GANDHI NAGAR, BELAGAVI-590001,
TQ AND DIST: BELAGAVI.
SINCE APPELLANT NO.2 IS MINOR
R/BY HIS NATURAL FATHER AND
MINOR GUARDIAN APPELLANT NO.1.
MAHAMMAD IMTIYAZ
S/O. NISARAHAMAD PENDARI,
AGE: 28 YEARS, OCC: COOLIE,
R/O: HOUSE NO.286/1, 2ND CROSS,
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NC: 2025:KHC-D:10596-DB
MFA No. 101136 of 2016
C/W MFA No. 100551 of 2017
HC-KAR
GANDHI NAGAR, BELAGAVI-590001,
TQ AND DIST: BELAGAVI.
3. SMT. JAYARABI W/O. NISARAHMAD PENDARI
AGE: 48 YEARS, OCC: NIL,
R/O: HOUSE NO.286/1, 2ND CROSS,
GANDHI NAGAR, BELAGAVI-590001,
TQ AND DIST: BELAGAVI-590001.
4. SHRI. NISARAHAMAD S/O. HASHIMSAB PENDARI
AGE: 63 YEARS, OCC: NIL,
R/O: HOUSE NO.286/1, 2ND CROSS,
GANDHI NAGAR, BELAGAVI-590001,
TQ AND DIST: BELAGAVI.
...APPELLANTS
(BY SRI. HANAMANT R.LATUR, ADVOCATE)
AND:
1. MALLIKARJUN S/O. GIRIMALLAPPA SHEGUNSHI
AGE: 50 YEARS, OCC: BUSINESS,
R/O: HARUGERI-591220,
TQ: RAIBAGI,
DIST: BELAGAVI.
2. SHRI. RAFIQ S/O. IBRAHIM JAMADAR
AGE: 45 YEARS, OCC: BUSINESS,
R/O: HARUGERI-591220,
TQ: RAIBAG,
DIST: BELAGAVI.
...RESPONDENTS
(BY SRI. VITTHAL S.TELI, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
AGAINST THE JUDGMENT AND AWARD DATED 23.03.2016 PASSED
IN MVC NO.2465/2014 ON THE FILE OF THE VI ADDITIONAL
DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2025:KHC-D:10596-DB
MFA No. 101136 of 2016
C/W MFA No. 100551 of 2017
HC-KAR
THESE APPEALS COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
MFA No.101136/2016 is filed by the owner of the vehicle
in question challenging the judgment and award dated
23.03.2016 passed in MVC No.2465/2014 by the learned VI
Addl. District and Sessions Judge & Member, Addl. MACT,
Belagavi, whereas the claimants are in appeal in MFA
No.100551/2017 seeking enhancement of compensation.
2. It is submitted by learned counsel Sri. Vitthal S Teli
for the appellant/owner and learned counsel Sri. Hanamant R
Latur for the appellants/claimants that dispute between the
parties is resolved in Execution Petition No.33/2018 pending
before the learned Principal Senior Civil Judge, Raibag. To that
effect, a copy of the execution petition and joint memo is
placed on record. We have perused the same.
NC: 2025:KHC-D:10596-DB
HC-KAR
3. In view of the aforesaid submission, these appeals
are dismissed as having become infructuous.
Pending applications, if any, are disposed off as not
surviving for consideration.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
JTR
Ct:vh
