The Manager vs Ramayya Shetty H
2021 Latest Caselaw 6390 Kant

                          1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 17TH DAY OF DECEMBER 2021

                     BEFORE

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

            MFA No.5736 OF 2019(MV)

BETWEEN:

THE MANAGER
FUTURE GENERAL INDIA
INSURANCE COMPANY LIMITED
3RD AND 4TH FLOOR, NO. 31
SHRAVANEE KRISHNA MANSION
100 FEET ROAD, 2ND BLOCK
JAYANAGAR, BENGALURU 560011.
REP BY ITS MANAGER
                                      ...APPELLANT
(BY SRI.O MAHESH, ADV.)

AND

1.    RAMAYYA SHETTY H
      AGED ABOUT 57 YEARS
      S/O. LATE. GOVINDA SHETTY
      R/AT NO. 101, 3RD CROSS
      PAI LAYOUT
      OPP. FOOD WORLD, HULIMAVU
      BANNERGHATTA ROAD
      BENGALURU 560076.

2.    JANANI TOURS AND RESROTS
      PRIVATE LIMITED
      NO. L-170/171 JANANI, 6TH SECTOR
      HSR LAYOUT, RING ROAD, BENGLAURU 560019.
                              2



3.    THE REGIONAL MANAGER
      ICICI LOMBORD GENERAL INSURANCE COMPANY
      LIMITED
      NO. 121,THE ESTATE BUILDING
      9TH FLOOR, DICKENSON ROAD
      MG ROAD,BENGALURU 560042.

4.    SRI. BASAVARAJU K G @ BASAVARAJU
      MAJOR,
      S/O. LINGAPPA
      R/AT NO. 359, HULIMAVU
      BG ROAD,SOMESHWARA BADAVANE
      BENGALURU 560076.
                                           ...RESPONDENTS
(BY SRI.SHRIPAD V SHASTRI, ADV. FOR R1:
SRI. NOOR MOHAMMED, ADV. FOR R2:
SRI. B.PRADEEP, ADV. FOR R3:
R4 SERRVED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:26.02.2019 PASSED
IN MVC NO.4646/2017 ON THE FILE OF THE X
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT,
BENGALURU (SCCH-16), AWARDING COMPENSATION OF
RS.3,70,800/- WITH INTEREST AT 9% P.A. (EXCLUDING
FUTURE MEDICAL EXPENSES OF RS.20,000/-) FROM THE
DATE OF PETITION TILL REALISATION.

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

                       JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 'the Act', for

short) has been filed by the Insurance Company being

aggrieved by the judgment dated 26.2.2019 passed by the

Motor Accident Claims Tribunal, Bangalore in MVC

4646/2017.

2. The learned counsel for the appellant appeared

through video conference and submitted that in view of

disposal of MFA 5360/2019 (Disposed on 25.11.2021) filed

by the claimant, the present appeal arising out of the same

judgment and award of the Tribunal does not survive for

consideration. Hence, the same may be disposed of.

3. The submission of the learned counsel for the

appellant is placed on record.

4. Accordingly, the appeal is disposed of.

The amount in deposit is ordered to be transferred to

the Tribunal forthwith.

Sd/-

JUDGE

DM