Shri Suresh S/O Mudakan Goudar ... vs Sri Suresh Huliyappa Punjog
2021 Latest Caselaw 5779 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

      DATED THIS THE 08 T H DAY OF DECEMBER, 2021
                         BEFORE
        THE HON'BLE MR.JUSTICE RAVI V.HOSMANI

                M.F.A.No.20021/2010(MV)
BETWEEN:

THE DIVISIONAL MANAGER,
NATIONAL INSURA NCE COMPANY LIMITED,
DIVISIONAL OFFICE,
RAMDEV GALLI, BELGAUM,
THROUGH THE DN MANAGER,
NATIONAL INSURA NCE COMPANY LIMITED,
SUJATHA COMPLEX, P.B. ROAD, HUBLI.
                                            ... APPELLANT
(BY SRI. S.K .KAYAKAMATH, ADVOCA TE)

AND
1 .   SMT. RENUKA MAHADEV KODA LIWAD @ SHIND OGI ,
      AGE: 30 YEARS , OOC: V EGETABLE BUSINESS,
      R/O ITNAL, TA LUK : SAUNDATTI,
      TALUK: RAMDURG, DIST: BELGA UM.

2 .   SRI. S URESH HULI YAPPA PUNJOG,
      AGE: MAJOR, OCC BUSINESS,
      R/O. KHANAGA ON, TALUK: GOKAK ,
      DISTRICT: BELGA UM.
                                         ... RES PONDENTS
(BY SRI. SRINAND A.PACHA PURE, AD VOCATE FOR R2)
(R1-DECEASED)

     THIS MISC.FIRST APPEAL IS FI LED UNDER S ECT ION
173(1) OF MOTOR VEHICLES ACT , 1988, PRAYING TO CALL FOR
RECORDS , AND ALLOW THE A PPEAL AS PRAYED FOR BY
SETTING   ASIDE   THE  JUDGMEN T    AND   AWARD   DATED
17.08.2009 PASS ED BY THE FAS T TRACK COURT- III AND
ADDL.MACT, BELGAUM IN M.V.C. No .267/2004 WITH COST IN
THE INTEREST OF JUSTICE AND EQUITY.
                                 2




    THIS APPEA L COM ING ON FOR ORD ERS THIS DAY, THE
COURT , D ELIVERED THE F OLLOWING:

                       JUDGMENT

Aggrieved by judgment and award dated

17.08.2009 passed by the Fast Track Court-III & Addl.

MACT, Belgaum in MVC No.267/2004, this appeal is

filed by Appellant/insurer.

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

appellant insurer.

3. As award amount is Rs.2,000/-, 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