The Divisiona Manager vs Ningamma And Ors
2025 Latest Caselaw 5876 Kant

Karnataka High Court

The Divisiona Manager vs Ningamma And Ors on 21 August, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                               -1-
                                                           NC: 2025:KHC-K:4820
                                                       MFA No. 201236 of 2025


                    HC-KAR




                                IN THE HIGH COURT OF KARNATAKA,

                                       KALABURAGI BENCH

                             DATED THIS THE 21ST DAY OF AUGUST, 2025

                                             BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                        MISCL. FIRST APPEAL NO. 201236 OF 2025 (MV-I)

                   BETWEEN:

                        THE DIVISIONAL MANAGER,
                        THE UNITED INDIA INSURANCE COMPANY LIMITED,
                        DIVISIONAL OFFICE AT ANAGA COMPLEX,
                        NEAR MOULESHWAR CHOWK,
                        RAICHUR - 584 101.
                                                              ...APPELLANT

                   (BY SRI MOHD ABDUL QUAYUM, ADVOCATE)

                   AND:

                   1.   NINGAMMA
                        W/O DODDA MALLAPPA,
Digitally signed
by RENUKA               AGE: 35 YEARS,
Location: HIGH          OCC: AGRI (NOW NIL)
COURT OF                R/O: GINIWAR, TQ: SINDHANUR,
KARNATAKA               DIST: RAICHUR, NOW
                        R/O: ASHAPUR VILLAGE,
                        TQ: AND DIST: RAICHUR.

                   2.   CHANNABASAV
                        S/O EARESHWAPPA @ VEERESH,
                        AGE: 34 YEARS,
                        OCC: DRIVER OF CRUISER NO. KA 23/M-9827,
                        R/O: GINIVAR, TQ: SINDHANUR,
                        DIST: RAICHUR - 584 128.
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                                        NC: 2025:KHC-K:4820
                                    MFA No. 201236 of 2025


HC-KAR




3.   YARIAPPA
     S/O LINGANA GOUDA,
     AGE: 49 YEARS,
     OCC: OWNER OF CRUISER
     NO.KA 23/M-9827,
     R/O: H.NO.155, BASAVESHWARA CIRCLE,
     ALABANUR, TQ: SINDHANUR,
     DIST: RAICHUR - 584 103.
                                            ...RESPONDENTS

     THIS MFA IS FILED UNDER SECTION 173 (1) OF THE
MOTOR VEHICLES ACT, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 06.08.2024 PASSED IN
M.V.C.NO.577/2022 BY THE III ADDITIONAL SENIOR CIVIL
JUDGE AND J.M.F.C., AT RAICHUR, EXONERATING THE
APPELLANT OF ITS LIABILITY AND ETC.

    THIS MFA, COMING ON FOR ORDERS,              THIS   DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:   HON'BLE MR. JUSTICE SHIVASHANKAR
         AMARANNAVAR


                     ORAL JUDGMENT

This appeal is filed challenging the judgment and

award dated 06.08.2024 passed in MVC No.577/2022 by

the III Additional Senior Civil Judge and JMFC, Raichur.

The amount of compensation awarded under impugned

judgment is Rs.41,000/- (rupees Forty One Thousand

only).

2. As per Sub -Section (2) of Section 173 of the

Motor Vehicles Act, 1988 the appeal will not lie against the

NC: 2025:KHC-K:4820

HC-KAR

award of motor accident claims tribunal if the amount in

dispute is less than one lakh rupees. Hence, the appeal is

not maintainable.

3. In view of the above, the appeal is dismissed

as not maintainable.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP