Sarojini And Ors vs Ibrahim Bandagisab Garadimani And Ors
2025 Latest Caselaw 8352 Kant

Karnataka High Court

Sarojini And Ors vs Ibrahim Bandagisab Garadimani And Ors on 12 September, 2025

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                        NC: 2025:KHC-K:5393
                                                    MFA No. 203129 of 2023


                    HC-KAR




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                         DATED THIS THE 12TH DAY OF SEPTEMBER, 2025

                                           BEFORE

                   THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                         MISCL. FIRST APPEAL NO. 203129 OF 2023 (CPC)

                    BETWEEN:

                    1.   SAROJINI
                         W/O SHASHIKANT HONNAKATTI,
                         AGE: 46 YEARS,
                         OCC: HOUSEHOLD,
                         R/O: WARD NO.14, SHIKARKHANE
                         VIJAYAPURA - 586 101.

                    2.   POOJA
                         D/O SHASHIKANT HONNAKATTI,
                         AGE: 24 YEARS,
                         OCC: STUDENT,
                         R/O: WARD NO.14, SHIKARKHANE
                         VIJAYAPURA - 586 101.
Digitally signed
by RENUKA
Location: HIGH      3.   PRASHANT
COURT OF                 S/O SHASHIKANT HONNAKATTI,
KARNATAKA                AGE: 23 YEARS,
                         OCC: STUDENT,
                         R/O: WARD NO.14, SHIKARKHANE
                         VIJAYAPURA - 586 101.

                    4.   PALLAVI
                         D/O SHASHIKANT HONNAKATTI,
                         AGE: 20 YEARS,
                         OCC: STUDENT,
                         R/O: WARD NO.14, SHIKARKHANE
                         VIJAYAPURA - 586 101.
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                                       NC: 2025:KHC-K:5393
                                   MFA No. 203129 of 2023


HC-KAR




5.   JAKKAVVA
     W/O YANKAPPA HONNAKATTI,
     AGE: 64 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: WARD NO.14, SHIKARKHANE
     VIJAYAPURA - 586 101.
                                             ...APPELLANTS

(BY SRI KOUJALAGI CHANDRAKANT LAXMAN, ADVOCATE)

AND:

1.   IBRAHIM BANDAGISAB GARADIMANI
     AGE: 43 YEARS,
     OCC: BUSINESS,
     R/O: DEVARHIPPARGI,
     TQ: SINDAGI,
     DIST: VIJAYAPURA - 586 128.

2.   SIDDAPPA GOLAPPA UTNAL,
     AGE: 60 YEARS,
     OCC: AGRICULTURE,
     R/O: MASABINAL,
     TQ: BASAVANA-BAGEWADI,
     DIST: VIJAYAPURA - 586 203.

3.   THE BRANCH MANAGER,
     THE UNITED INDIA INSURANCE CO. LTD.,
     S.S. FRONT ROAD,
     VIJAYAPURA - 586 101.
                                            ...RESPONDENTS

(BY SRI SHARANABASAVA M. PATIL, ADVOCATE FOR R3;
R1 AND R2 ARE SERVED)

     THIS MFA IS FILED UNDER ORDER 43(1) (D) OF THE
CODE OF CIVIL PROCEDURE PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 23.08.2022 PASSED IN CIVIL
MISC NO.9/2021 ON THE FILE OF THE COURT OF THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MOTOR
ACCIDENT CLAIMS TRIBUNAL NO.XV VIJAYAPURA AT
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                                               NC: 2025:KHC-K:5393
                                           MFA No. 203129 of 2023


 HC-KAR




VIJAYAPURA AND ALLOW THIS APPEAL AND RESTORE THE MVC
NO.388/2017 TO THE ORIGINAL FILE IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.

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

CORAM:        HON'BLE MR. JUSTICE SHIVASHANKAR
              AMARANNAVAR


                         ORAL JUDGMENT

1. This appeal is filed praying to set aside the order

dated 23.08.2022 passed in Civil Miscellaneous No.9/2021

by the IV Additional Senior Civil Judge and MACT-XV,

Vijayapura and to restore MVC No.388/2017 (for short 'the

tribunal' )

2. The appellants were claimants in MVC

No.388/2017 claiming compensation on account of death of

Shashikant Honnakatti in a motor vehicle accident on

02.07.2012. The said MVC case came to be dismissed for

non-prosecution on 31.12.2020.

3. The appellants herein have filed a petition under

Order IX Rule 13 CPC., seeking restoration of the said MVC

No.388/2017. The tribunal recorded the evidence and gave

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HC-KAR

finding that, sufficient opportunity was given to the

petitioners by adjourning the matter for seventeen times and

held that, the appellants have not made out a case for

restoration of the claim petition. More so, the tribunal has

held that, the restoration petition has not been filed within

the period of limitation. Even after dismissal of the petition,

the tribunal has given liberty to the petitioners to file a fresh

MVC case on account of death of Shashikant Honnakatti, in a

road traffic accident, since the old Motor Vehicle Act does not

prescribe limitation period to file a petition/MVC case.

4. Considering all the above aspects, there are no

grounds to set aside the well reasoned impugned order

passed by the trial Court.

5. The tribunal in its order dated 23.08.2022 has

already given liberty to the appellants herein to file a fresh

MVC Case. In view of the said liberty, the appellants can file

a fresh MVC on account of death of Shashikant Honnakatti,

in a road traffic accident.

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HC-KAR

6. With the aforesaid observations, the appeal is

dismissed. The appellants can invoke the liberty granted by

the tribunal in its order dated 23.08.2022 and file a fresh

MVC case.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

SVH