Shri Shivaji Vishnu Chavan vs Sri Amjad Khajasab Shaikh
2025 Latest Caselaw 10083 Kant

Karnataka High Court

Shri Shivaji Vishnu Chavan vs Sri Amjad Khajasab Shaikh on 11 November, 2025

                                                   -1-
                                                               NC: 2025:KHC-D:15390
                                                           MFA No. 106516 of 2024


                       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. 106516 OF 2024 (MV-I)
                      BETWEEN:

                      SHRI. SHIVAJI VISHNU CHAVAN,
                      AGE. 37 YEARS, OCC. SERVICE
                      AND AGRICULTURE, R/O. NIPPANI,
                      TAL.CHIKKODI,
                      DIST. BELAGAVI - 591 237.
                                                                        ...PETITIONER
                      (BY SRI. ASHOK A. NAIK, ADVOCATE)

                      AND:

                           SRI. AMJAD KHAJASAB SHAIKH,
                           AGE. 49 YEARS, OCC. BUSINESS,
                           A. P 20 899, SWAMI MALA,
                           ICHALAKARANGI, TAL. HATAKANAGALE,
                           DIST. KOLHAPUR - 416 109.

                      1.   SAYEED S/O. MAJID SHAIKH,
                           AGE. 46 YEARS, OCC. PRIVATE SERVICE,
                           A/P SWAMI MALA KABNOOR,
                           TAL. HATAKANAGALE,
GIRIJA A.
BYAHATTI                   DIST. KOLHAPUR - 416 109.

Digitally signed by
GIRIJA A. BYAHATTI
Location: HIGH
                      2.   RASHID S/O. MAJID SHAIKH,
COURT OF
KARNATAKA
DHARWAD BENCH
                           AGE. 43 YEARS, OCC. PRIVATE SERVICE,
DHARWAD
                           R/O. A/P. 20/899, SWAMI MALA KABNOOR,
                           TAL. HATAKANAGALE,
                           DIST. KOLHAPUR - 416 109.

                      3.   SAMSHAD ADAM MULLAY,
                           AGE. 44 YEARS,
                           OCC. PRIVATE SERVICE,
                           A/P 20/899, SWAMI MALA
                           R/O. A/P. SWAMI MALA KABNOOR,
                           TAL. HATAKANAGALE,
                           DIST. KOLHAPUR - 416 109.
                                      -2-
                                                NC: 2025:KHC-D:15390
                                              MFA No. 106516 of 2024


 HC-KAR


4.     THE DIVISIONAL MANAGER,
       THE NEW INDIA ASSURANCE CO.,
       LTD CLUB ROAD,
       BELAGAVI - 59 0001.
                                                        ...RESPONDENTS

      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLE
ACT, 1988, PRAYING TO COURT THAT THE JUDGMENT AND AWARD
DATED 24.09.2021 PASSED IN MVC NO.405/2013 BY THE COURT OF
THE SENIOR CIVIL JUDGE AND MACT NIPPANI IN AWARDING
COMPENSATION OF RS.1,52,060/- WITH 18% INTEREST P.A. ON THE
APPENDING    VEHICLE    AND    MODIFIED   BY  ENHANCING    TO
RS.13,47,940/- WITH INTEREST OF 18% PER ANNUM FOR THE DATE
OF PETITION, TILL THE DATE OF PAYMENT, BY HOLDING RESPONDENT
HEREIN LIABLE TO PAY THE COMPENSATION, BY ALLOWING THIS
APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

     THIS APPEAL, COMING ON FOR ORDERS THIS DAY, THE ORDER
WAS MADE THEREIN AS UNDER:

                               ORAL ORDER

(PER: THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

1. The appeal was filed in the year 2024 and till

now, office objections are not complied.

2. This Court does not find any grounds to grant

further time.

3. Therefore, the appeal stands dismissed for

non-compliance of office objections.

Sd/-

(CHILLAKUR SUMALATHA) JUDGE

RHR/CT-ASC