Sri. Ramakrishnaiah vs Sri. Jagadisha. S. K
2021 Latest Caselaw 5338 Kant

                        1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2ND DAY OF DECEMBER 2021

                     BEFORE

THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

           MFA No.1093 OF 2019 (MV)

BETWEEN:

SRI. RAMAKRISHNAIAH
S/O HALE RANGAIAH
AGED ABOUT 35 YEARS
NO.33, ARALIMARADAPALAYA
ADIGONDANAHALLI
MAGADI TALUK
RAMANAGAR DISTRICT - 562 120
                                      ...APPELLANT
(BY SRI. N. R. RANGEGOWDA, ADV. FOR
    SRI. R. LAKSHMANA, ADV.)

AND


1.    SRI. JAGADISHA S. K.
      S/O KARIGOWDA
      NO.290 - F, 4TH CROSS
      L.G.RAMANNA LAYOUT
      LAGGERE BANGALORE - 58

2.    BAJAJ ALLIANZ GENERAL
      INSURANCE CO. LTD.
      BY ITS MANAGER
      GOLDEN HEIGHTS 4TH FLOOR
                          2



    NO.1/2, 59TH C CROSS
    4TH BLOCK, RAJAJINAGAR
    BANGALORE - 560 010
                                   ...RESPONDENTS
(VIDE ORDER DATED 2.12.2021;
     NOTICE TO R1 DISPENSED WITH;
     SRI. H. N. KESHANA PRASHANTH, ADV. FOR R2)


    THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACTAGAINST THE JUDGMENT AND AWARD DATED
30.06.2018 PASSED IN MVC NO. 1331/2017 ON THE
FILE OF THE II ADDITIONAL JUDGE & XXVIII ACMM,
COURT   OF   SMALL    CAUSES,   MACT,   BENGALURU
(SCCH-13) PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.


    THIS MFA COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                     JUDGMENT

The learned counsel for the parties fairly submit

that MFA 8054/2018 filed by the Insurance Company

arising out of the same judgment and award of the

Tribunal in MVC 1331/2017 has been settled before

the Lok Adalath on 8.2.2020. Hence, the present

appeal filed by the claimant seeking enhancement of

compensation does not survive for consideration and

the same may be dismissed as not pressed.

The submission of the learned counsel for the

parties is placed on record.

Accordingly, the appeal is dismissed as not

pressed.

Sd/-

JUDGE

DM