Karnataka High Court
The Oriental Insurance Co.Ltd vs Smt. Nandini on 10 November, 2025
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MFA No. 1699 of 2020
C/W MFA.CROB No. 29 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MS. JUSTICE TARA VITASTA GANJU
MISCELLANEOUS FIRST APPEAL NO. 1699 OF 2020
(MV-D)
C/W
MFA CROSS OBJECTION NO. 29 OF 2024 (MV-D)
IN MFA No. 1699/2020:
BETWEEN:
1. THE ORIENTAL INSURANCE CO.LTD.
REGIONAL OFFICE
NO.44/45, 4TH FLOOR
LEO SHOPPING COMPLEX
Digitally RESIDENCY ROAD CROSS
signed by M G ROAD,
VASANTHA
KUMARY B K BENGALURU-560001
Location: ...APPELLANT
HIGH (BY SRI. A RAVISHANKAR., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. SMT. NANDINI
AGED ABOUT 26 YEARS
W/O LATE SRIRAMA ALIAS SRIRAM
2. HEMANTH KUMAR
AGED ABOUT 6 YEARS
S/O SRIRAMA ALIAS SRIRAM
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MFA No. 1699 of 2020
C/W MFA.CROB No. 29 of 2024
HC-KAR
3. MOHAN KUMAR
AGED ABOUT 4 YEARS
S/O SRIRAMA ALIAS SRIRAM
SINCE PETITIONER No.2 & 3 ARE MINORS
REP. BY THEIR MOTHER AND
NATURAL GUARDIAN PETITIONER NO.1
RESIDING AT BETTAHALLI VILLAGE
MALUR TALUK,
KOLAR DISTRICT-563137.
4. SMT BAYYAMMA
AGED ABOUT 60 YEARS
S/O SONNAPPA
5. SRI SONNAPPA
AGED ABOUT 55 YEARS
S/O THIMMAKKA
6. SHANKARA B S
AGED ABOUT 26 YEARS
S/O SONNAPPA
(DECEASED'S DISABLED BROTHER)
ALL ARE R/AT RESIDING AT
BETTAHALLI VILLAGE, MALUR TALUK
KOLAR DISTRICT-563137.
7. MANJUNATHA P
S/O PAPANNA
NO.35, BETTAHALLI VILLAGE
TEKAL POST, MALUR TALUK
KOLAR DISTRICT-563137
...RESPONDENTS
(BY SRI. SURESHA M., ADVOCATE FOR R-1 TO R-6;
[R-2 & R-3 ARE MINORS, REP BY R1];
R-7 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 11.10.2019
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MFA No. 1699 of 2020
C/W MFA.CROB No. 29 of 2024
HC-KAR
PASSED IN MVC NO.3269/2019 ON THE FILE OF THE XV
ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM,
MEMBER, MACT, BENGALURU MAYO HALL UNIT, AWARDING
COMPENSATION OF RS.22,27,600/- WITH INTEREST AT 9
PERCENT P.A. FROM THE DATE OF PETITION TILL ITS
REALIZATION.
IN MFA.CROB NO. 29/2024:
BETWEEN:
1. SMT NANDINI
W/O LATE SRIRAMA @ SRIRAM
AGED ABOUT 31 YEARS
2. MOHAN KUMAR
S/O LATE SRIRAMA @ SRIRAM
AGED ABOUT 09 YEARS MINOR
REP BY HIS MOTHER AND NATURAL GUARDIAN SMT
NANDINI R/O BETTAHALLI VILLAGE MALUR TALUK
KOLAR DISTRICT - 563137
3. SMT BAYYAMMA
S/O SONNAPPA
AGED ABOUT 65 YEARS
4. SHANKAR B S
S/O SONNAPPA
AGED ABOUT 31 YEARS
CROSS-OBJECTORS No.1 TO4
R/O BETTAHALLI VILLAGE,
MALUR TALUK,
KOLAR DISTRICT - 563137
...CROSS OBJECTORS
(BY SRI. SURESHA M., ADVOCATE)
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MFA No. 1699 of 2020
C/W MFA.CROB No. 29 of 2024
HC-KAR
AND:
1. THE ORIENTAL INSURANCE CO LTD
REGIONAL OFFICE,
LEO SHOPPING COMPLEX,
NO.44/45, RESIDENCY ROAD,
BENGALURU-560001
REP BY ITS GENERAL MANAGER
BANGALORE - 560001
2. MANJUNATHA P
S/O PAPANNA
AGED ABOUT 43 YEARS
R/O No.35,
BETTAHALLI VILLAGE,
MALUR TALUK,
KOLAR DISTRICT - 563137
...RESPONDENTS
THIS MFA CROB. IS FILED UNDER ORDER 41 RULE 22
READ WITH SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED.11.10.2019 PASSED IN
MVC NO.3269/2019 ON THE FILE OF THE XV ADDITIONAL
SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT,
BENGALURU, (SCCH-19), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS APPEAL ALONG WITH MFA CROB COMING ON FOR
FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
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MFA No. 1699 of 2020
C/W MFA.CROB No. 29 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) Learned counsel appearing for the appellant-Insurance Company in MFA No.1699/2020 after arguing on the merit of the appeal has filed a memo seeking permission of this Court to withdraw the appeal.
2. We appreciate the fairness of the learned counsel for the appellant-Insurance Company.
3. In view of the memo filed and the submissions advanced by the learned counsel for the appellant, we dismiss the appeal as withdrawn.
3. Learned Counsel for the cross objectors in MFA Crob No.29/2004 submits that as the Insurance Company has withdrawn in MFA No.1699/2020, cross objection filed by the claimants may also be dismissed as withdrawn.
4. Considering the above submission of the learned counsel for the cross objectors, MFA Crob No.29/2024 is also dismissed as withdrawn.
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NC: 2025:KHC:45610-DB MFA No. 1699 of 2020 C/W MFA.CROB No. 29 of 2024 HC-KAR
5. The amount deposited in this Court by the Insurance Company in pursuance of the interim order passed by this Court in MFA No.1699/2020 is directed to be transferred to the concerned MACT for disbursement to the claimants along with interest.
Sd/-
(D K SINGH) JUDGE Sd/-
(TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 9