IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 30^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 101125 OF 2021 (MV-I)

BETWEEN:

KASHAPPA S/O. SAGARAPPA KARIYAPPANAVAR AGE. 37 YEARS, OCC. AGRICULTURE AND COOLIE, R/O. HIRESAUNSHI VILLAGE, TALUKA AND DISTRICT BAGALKOT-587204.

…APPELLANT (BY SRI. SRINIVAS B. NAIK, ADVOCATE)

AND:

1. VENKAPPA S/O. GOVINDAPPA BARAGI AGE. 42 YEARS, OCC. AGRICULTURE AND OWNER OF VEHICLE KA29 TA 7800/7801, R/O. HIRESAUNSHI VILLAGE, TALUKA AND DISTRICT BAGALKOT-587204.

Digitally signed by BHARATHI H M Location: HIG H 2. THE BRANCH MANAGER COURT OF KARNATAKA UNITED INDIA INSURANCE COMPANY LIMITED, MELLIGERI COMPLEX, BAGALKOT 587101, INSURER OF TT UNIT KA 29/TA/7800/7801.

…RESPONDENTS (BY SRI.N.R. KUPPELUR, ADVOCATE FOR R2;

NOTICE SERVED TO R1)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 20.03.2020 PASSED IN MVC NO.13/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JDUGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL II, BAGALKOT, BY ALLOWING THIS APPEAL, IN THE ENDS OF JUSTICE AND EQUITY.

THIS APPEAL, COMI