Smt Yashodamma vs Sri Syed Anwar
2021 Latest Caselaw 833 Kant

Citation : 2021 Latest Caselaw 833 Kant
Judgement Date : 13 January, 2021

Karnataka High Court

Smt Yashodamma vs Sri Syed Anwar on 13 January, 2021

Author: H T Prasad

                              1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY 2021

                          BEFORE

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

                MFA No.3286 OF 2017(MV)

BETWEEN:

1.     Smt. Yashodamma,
       Aged about 35 years,
       W/o Late. Veeresh.

2.     Sri. Kariyanna @ Erkariyappa,
       Aged about 65 years,
       S/o Jabbanna.

3.     Smt. Eramma,
       Aged about 60 years,
       W/o Kariyanna @ Erkariyappa.

       All are Residing at
       Banjigere Village,
       Challakere Taluk,
       Chitradurga District-577522.    ... Appellants

(By Sri.K.Rajashekhara, Advocate)

AND:

1.     Sri. Syed Anwar,
       S/o Obedulla, Major,
       Residing at Nayakanahatti,
       Challakere Taluk,
       Chitradurga District-577536.

2.     The Divisional Manager,
                              2



       ICICI Lombard General Insurance Co. Ltd.,
       Division Office, Sudha Complex,
       Dr.Rajkumar Road,
       Bengaluru-560 032.              ... Respondents

(By Sri.T.Thippeswamy, Advocate for R1:
Sri. Lakshminarasappa, Adv. for
Sri. A.M.Venkatesh, Adv. for R2)

      This MFA is filed under Section 173(1) of MV Act,
against the Judgment and Award dated:04.09.2012 passed in
MVC No.10/2012 on the file of the Senior Civil Judge, MACT,
Challakere,   Partly  allowing  the   claim    petition for
compensation and seeking enhancement of compensation.

      This MFA, coming on for hearing, through video
conference, this day, this Court, delivered the following:
                      JUDGMENT

A Division Bench of this Court in MFA No.4117/2017

arising out of the same accident has passed an order on

21.08.2019 stating that the appellants are not entitled to

prosecute the instant appeal and hence the appeal has be

dismissed.

2. In view of the judgment passed by a Division

Bench of this Court dated 21.08.2019 in MFA

No.4117/2017, this appeal is dismissed.

Sd/-

JUDGE Cm/-