The National Insurance Co. Ltd vs Muneer Ahammed S/O Mohammed ...
2021 Latest Caselaw 5570 Kant

     IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

       DATED THIS THE 06 T H DAY OF DECEMBER, 2021

                           BEFORE

         THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


                 M.F.A.No.22625/2011 (MV)
BETWEEN:

THE NATIONAL IN SURANCE COM PAN Y LTD.,
S.S.COMPLEX, IST FLOOR,
OPP: MALA RANGA PPA PETROL BUNK,
B.H.ROAD ,SHIMOGA,
THROUGH THE AD MINISTRTIVE OFFICER
NATIONAL INSURA NCE CO.LTD.,
SUJATHA COMPLEX, OPP.P.B.ROAD , HUBLI .
                                                ... APPELLANT
(BY SRI.S .K.KAYA KAMATH, ADVOCA TE)

AND

1.     MUNEER AHAMMED S/O
       MOHAMMED HAYATHASAB KALLANAKAL,
       AGE: 39 YEARS , OCC:BUSINESS ,
       R/O RATTIHALLI, TQ:HIREKERU.

2.     SRIDHAR HEGDE S /O ANAND S HETTY,
       AGE:45 Y EARS, OCC:OWNER OF VEHI CLE
       NO.KA- 14/C- 8181, R/O RAVINDRA NI LAYA
       4TH CROSS , THI LA K NAGAR, SHIMOGA.
                                             ... RES PONDENTS

     THIS MISC.FIRST APPEAL IS FI LED UNDER S ECT ION
173(1) OF MOTOR VEHICLES ACT , 1988, PRAYING TO CALL FOR
RECORDSAND ALLOW THE APPEA L AS PRAYED FOR BY SETTING
ASIDE THE JUDGMENT AND AWARD DATED 25.02.2011 PASSED
BY THE PRL.SENIOR CIVIL J UDGE AN D AMACT AND ITENERATE
COURT , HIREKERUR IN M.V.C.NO.607/2006 WITH COS T IN THE
INTEREST OF JUST ICE AND EQUITY.
                                  2




     THIS APPEAL COM ING ON F OR ORDERS THIS DAY , T HE
COURT , D ELIVERED THE F OLLOWING:


                       JUDGMENT

This appeal is de-linked from MFA

No.20021/2010.

Aggrieved by judgment and award dated

25.02.2011 passed by Prl. Senior Civil Judge and

AMACT and Intenerate Court, Hirekeurur in MVC

No.607/2006, this appeal is filed by Appellant/insurer.

2. Heard, Sri.S.K.Kayakmath, learned counsel for

appellant/insurer.

3. As award amount is Rs.5,000/-, which is less

than Rs.10,000/-, appeal under Section 173 of Motor

Vehicle Act would not be maintainable.

4. Reserving liberty to urge all contentions on

merits in connected appeals where award is more than

Rs.10,000/-, this appeal is dismissed.

5. Amount in deposit is transmitted to Tribunal for

disbursement.

6. As main appeal is dismissed, IAs if any, do not

survive for consideration.

Sd/-

JUDGE

H MB