The National Insurance Co. Ltd vs Ismailsab S/O Dadapeersab ...
2021 Latest Caselaw 5596 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.22620/2011(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,
THOUGH THE ADM IN OFFICER,
NATIONAL INSURA NCE CO.LTD.,
SUJATHA COMPLEX,
OPP.P.B.ROAD , HUBLI.
                                             ... APPELLANT
(BY SRI.S .K.KAYA KAMATH, ADVOCA TE)

AND
1.  ISMAILSAB S/O D ADAPEERSAB,
    DARUGAR, 34 YEA RS, OCC: BUSINES S,
    R/O RATTIHALLI, TQ: HIREK ERURU.

2.   SHRIDHAR HEGDE S/O ANAND S HETT Y,
     AGE:45 Y EARS, OCC: OWN ER OF V EHICLE
     NO.KA 14/C- 8181, R/O RAVINDRA NI LAYA,
     4 T H CROSS, THILA K NAGAR,
     SHIMOGA.
                                          ... RES PONDENTS
(R1 AND R2- NOTI CE S ERVED WITH)

     THIS MISC. FIRS T APPEAL IS FILED UNDER SECTI ON
173(1) OF MOT OR VEHICLES ACT , 1988, PRAYING TO CALL THE
RECORDS , HEAR THE PARTI ES AN D ALLOW THE APPEAL AS
PRAYED F OR BY S ETTING ASIDE THE JUDGMENT AND AWARD
DATED 25.02.2011 PASSED BY THE PRL.S ENIOR CIVI L JUDGE
AND AMACT AND I TENERATE COURT , HIREKERUR IN M .V.C.NO.
609/2006 AND ETC.
                                  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