2025 Supreme(Online)(Kar) 19020
KARNATAKA HIGH COURT
THE BRANCH MANAGER – Appellant
Versus
SHIVAPPA HUCHAPPA MADAR AND ANR – Respondent
MFA 201386 / 2022
MFA No. 201396 of 2022 HC-KAR AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 15TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE MRS. JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.201666 OF 2022 (MV-I)
C/W MISCL. FIRST APPEAL NO.201386 OF 2022 (MV-I) MISCL. FIRST APPEAL NO.201396 OF 2022 (MV-I) MISCL. FIRST APPEAL NO.202358 OF 2022 (MV-I) MISCL. FIRST APPEAL NO.202359 OF 2022 (MV-I) MISCL. FIRST APPEAL NO.202360 OF 2022 (MV-I)
IN MISCL. FIRST APPEAL NO.201666 OF 2022:
BETWEEN:
THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., HANAMSHETTI BUILDING, GURUKUL ROAD, VIJAYAPURA.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY, DIVISIONAL OFFICE, KALABURAGI)
…APPELLANT (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
MFA No. 201396 of 2022 HC-KAR AND 3 OTHERS AND:
1. MANJUNATH KHANDAPPA MADAR @ DODAMANI, AGE: 25 YEARS, OCC.: MASON, R/O: KARJOL, VIJAYAPURA – 586 101.
2. NARAYANRAO VITHALRAO KULKARNI, R/O: VIVEK NAGAR (EAST), BASAVANA BAGEWADI ROAD, VIJAYAPURA.
(OWNER OF TRACTOR NO.KA.28/TA-7816 & TRAILER CHASSIS NO.031011)
…RESPONDENTS (BY SRI KOUJALAGI C. L., ADV. FOR R1;
SRI NARENDRA REDDY, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICHLE ACT, 1988, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 03.01.2022 IN MVC.NO.113/2019 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-XV, AT VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MISCL. FIRST APPEAL NO.201386 OF 2022:
BETWEEN:
THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., HANAMSHETTI BUILDING, GURUKUL ROAD, VIJAYAPURA.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY, DIVISIONAL OFFICE, KALABURAGI)
…APPELLANT (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
MFA No. 201396 of 2022 HC-KAR AND 3 OTHERS AND:
1. SHIVAPPA HUCHAPPA MADAR, AGE:46 YEARS, OCC: COOLIE, R/O: KARJOL, VIJAYAPURA – 586101.
2. NARAYANRAO VITHALRAO KULKARNI, R/O: VIVEK NAGAR (EAST), BASAVANA BAGEWADI ROAD, VIJAYAPURA.
(OWNER OF TRACTOR NO.KA.28/TA-7816 & TRAILER CHASSIS NO.031011)
…RESPONDENTS (BY SRI KOUJALAGI C. L, ADV. FOR R1;
SRI NARENDRA REDDY ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICHLE ACT 1988, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 03.01.2022 IN MVC.NO.115/2019 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-XV, AT VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MISCL. FIRST APPEAL NO.201396 OF 2022:
BETWEEN:
THE BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD., HANAMSHETTI BUILDING, GURUKUL ROAD, VIJAYAPURA.
(NOW REPRESENTED BY AUTHORIZED SIGNATORY, DIVISIONAL OFFICE, KALABURAGI)
…APPELLANT (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
MFA No. 201396 of 2022 HC-KAR AND 3 OTHERS AND:
1. SURESH HUCHAPPA MADAR, AGE:40 YEARS, OCC: COOLIE, R/O:KARJOL, VIJAYAPURA – 586 101.
2. NARAYANRAO VITHALRAO KULKARNI, R/O: VIVEK NAGAR (EAST), BASAVANA BAGEWADI ROAD, VIJAYAPURA – 586 101.
(OWNER OF TRACTOR NO.KA.28/TA-7816 & TRAILER CHASSIS NO.031011)
…RESPONDENTS (BY SRI KOUJALAGI C. L., ADV. FOR R1;
SRI NARENDRA REDDY, ADV. FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICHLE ACT 1988, PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE APPEAL BY SETTING ASIDE THE IMPUGNED JUDGMENT AND AWARD DATED 03.01.2022 IN MVC.NO.114/2019 PASSED BY THE IV ADDL. SENIOR CIVIL JUDGE AND MEMBER MACT-XV, AT VIJAYAPURA, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MISCL. FIRST APPEAL NO.202358 OF 2022:
BETWEEN:
SURESH S/O HUCHAPPA MADAR, AGE:39 YEARS, OCC:COOLIE, R/O: KARJOL, TQ & DIST: VIJAYAPURA – 586 108.
(ORIGINAL PETITIONER BEFORE THE COURT OF THE IV ADDL. SENIOR CIVIL JUDGE &
MEMBER MACT-XV, VIJAYAPURA AT VIJAYAPURA)
…APPELLANT (BY SRI KOUJALAGI C.L., ADVOCATE)
MFA No. 201396 of 2022 HC-KAR AND 3 OTHERS AND:
1. NARAYANRAO VITHALRAO KULKARNI, AGE: MAJOR, OCC.: BUSINESS, R/O: VIVEK NAGAR (EAST), BASAVANA BAGEWADI ROAD, VIJAYAPURA – 586 102.
(OWNER OF TRA