The National Insurance Co. Ltd vs Mohammed Salim S/O Mehaboobsab
2021 Latest Caselaw 5600 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 6 T H DAY OF DECEMBER, 2021

                          BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


                M.F.A.No. 22626/2011(MV)

BETWEEN

THE NATIONAL IN SURANCE CO. LTD .,
S.S.COMPLEX, 1ST FLOOR,
OPP:MALA RAN GAPPA PETROL BUNK,
B.H.ROAD , SHIMOGA, THROUGH
THE ADMIN OFFI CER,
NATIONAL INSURA NCE CO. LTD.,
SUJATHACOM PLEX, OPP: P.B.ROAD , HUBLI .
                                             ...A PPELLANT
(BY SRI.S K KAYA KAMATH, ADV.)

AND

1.MOHAMMED SALIM S/O MEHABOOBSAB
RANEBENNUR, A GE:39 YEARS ,
OCC:BUSINESS , R/O YALIVAL,
TQ:HIREKERUR,DI ST:HAVERI.

2.SRIDHA R HEGDE S/O ANAND SHET TY
AGE:49 Y EARS, OCC:OWNER OF VEHI CLE
NO.KA- 14/C- 8181, R/O RAVINDRA NI LAYA
4TH CROSS , THI LA K NAGAR, SHIMOGA.
                                           ...RESPONDENTS

     THIS MFA IS FILED U/SEC.173(1) OF M.V. A CT, 1988,
PRAYING TO CALL FOR RECORDS A ND ALLOW THE APPEAL AS
PRAYED FOR BY SETTING ASIDE JUDGMENT AND AWARD
DATED 25.02.2011 PASSED BY PRL. S ENIONR CIVI L JDUGE
AND AMACT AND ITENERATE COURT, HIREKERUR IN MVC
NO.608/ 2006 AND ETC.
                                  2




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


                            ORDER

Aggrieved by judgment and award dated

25.02.2011 passed by Prl. Senior Civil Judge and

AMACT and Intenerate Court, Hirekeurur in MVC

No.608/2006, 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