Karnataka High Court
The National Insurance Co Ltd vs Suresh Kallappa Mali on 11 November, 2025
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NC: 2025:KHC-D:15375
MFA No. 23423 of 2013
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 11TH DAY OF NOVEMBER 2025
BEFORE
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO.23423 OF 2013 (MV)
BETWEEN:
THE NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE, 55,
MAHAVEER CHAMBERS,
ASHOK NAGAR,
NIPANI-591237, TQ: CHIKODI,
REPRESENTED BY ITS
DEPUTY MANAGER,
GIRIJA A. REGIONAL OFFICE,
BYAHATTI
REPRESENTED BY ITS
Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH COURT
ADMINISTRATIVE OFFICER,
OF KARNATAKA
DHARWAD BENCH
DHARWAD
REGIONAL OFFICE,
ARIHANT PLAZA, KESHWAPUR,
KUSUGAL ROAD, HUBLI-23.
...APPELLANT
(BY SMT. SHARMILA M. PATIL, ADVOCATE)
AND:
1. SRI. SURESH KALLAPPA MALI,
AGE: 35 YEARS,
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NC: 2025:KHC-D:15375
MFA No. 23423 of 2013
HC-KAR
OCC: BUSINESS,
R/O. K.C.ROAD,
CHIKODI, TQ: CHIKODI,
DIST: BELGAUM.
2. SRI. APPASAHEB KALLAPPA MALI,
AGE: MAJOR,
OCC: DRIVER,
R/O. K.C. ROAD, CHIKODI,
DIST: BELGAUM.
...RESPONDENTS
(BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE FOR R1;
NOTICE TO R2 IS SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988 PRAYING TO CALL THE RECORDS, HEAR
THE PARTIES AND ALLOW THE APPEAL AS PRAYED FOR BY
SETTING ASIDE THE JUDGMENT AND AWARD DATED 30-04-
2013 PASSED BY THE PRESIDING OFFICER, FAST TRACK
COURT-I, CHIKODI IN MVC NO.57/2001, WITH COST IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
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NC: 2025:KHC-D:15375
MFA No. 23423 of 2013
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)
Heard Ms. Sharmila M. Patil, learned counsel for the
appellant as well as Sri Santosh S. Hattikatagi, learned
counsel for respondent No.1.
2. This appeal is the outcome of the award that is
passed by the Motor Accident Claims Tribunal, Chikodi in MVC
57 of 2001 dated 30.04.2013.
3. Arguing the matter, learned counsel for the
appellant states that after the accident, a settlement was
arrived at and the appellant paid a sum of Rs.1,13,750/-. The
said settlement was arrived at in the year 1999. Again in the
year 2001, respondent No.1 filed a petition claiming
compensation and the tribunal awarded a sum of Rs.79,000/-
as compensation and aggrieved by the same the present
appeal is filed. Learned counsel states that once there is
understanding between the parties and final settlement was
arrived at and the claimant also received amount, he cannot
again seek for compensation.
NC: 2025:KHC-D:15375
HC-KAR
4. Sri Santosh S. Hattikatagi learned counsel for
respondent No.1 fairly submits that the appeal may be
disposed of considering the contents of Ex.R1.
5. Ex.R1 which is titled 'undertaking' reveals that
respondent No.1/claimant in consideration of receiving a sum
of Rs.1,13,750/- in respect of the damage of his vehicle, also
undertook the responsibility of third party claims arising if
any. Thus, the contents of Ex.R1 reveal that the appellant paid
the amount towards damage caused to the vehicle of
respondent No.1 as well as for third party claims if any.
Therefore this Court is of the view that respondent No.1
should not have filed another claim petition and equally the
tribunal ought not to have granted compensation. Therefore
the following:
ORDER
(i) The appeal is allowed.
(ii) The award of the Motor Accident Claims
Tribunal, Chikodi in MVC 57 of 2001 dated
30.04.2013 is set aside.
NC: 2025:KHC-D:15375
HC-KAR
(iii) Amount if any in deposit, be transmitted to
the concerned tribunal immediately.
(iv) Concerned tribunal to refund the same to
the appellant.
Sd/-
(CHILLAKUR SUMALATHA)
JUDGE
EM
CT-MCK
