M/S Shriram General Insurance ... vs Basavarajappa
2021 Latest Caselaw 90 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 04TH DAY OF JANUARY 2021

                      BEFORE

THE HON'BLE MR. JUSTICE NATARAJ RANGASWAMY

MISCELLANEOUS FIRST APPEAL NO.1633 OF 2017 (MV-I)

BETWEEN:

M/S SHRIRAM GENERAL INSURANCE COMPANY LTD.,
E-8, RIICO INDUSTRIAL AREA,
SITAPURA, JAIPUR,
RAJASTHAN-302022.

NOW REPRESENTED BY ITS
MANAGER,
M/S SHRIRAM GENERAL INSURANCE COMPANY LTD.,
NO.5/4, 3RD FLOOR, S.V.ARCADE,
BILAKAHALLI MAIN ROAD,
OFF BG ROAD, IIM POST,
BENGALURU-560076.
                                   ... APPELLANT
[BY SRI. H.N. KESHAVA PRASHANTH, ADVOCATE
(THROUGH VC)]

AND:

1.     BASAVARAJAPPA
       S/O HALESHAPPA,
       NOW AGED ABOUT 24 YEARS,
       DIPLOMA STUDENT,
       R/O MUDUVALA VILLAGE,
       HARANAHALLI HOBLI,
       SHIVAMOGGA TALUK-577201.
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2.   SHASHI KUMAR
     S/O RUDRAPPA,
     NOW AGED ABOUT 23 YEARS,
     R/O SIDDESHWARA NAGARA,
     1ST CROSS, CHIKKAL,
     SHIVAMOGGA-577201
     DRIVER OF TATA ACE
     REG NO.KA36-5884

3.   NAGARAJA .P
     S/O PEERYA NAIKA,
     NOW AGED ABOUT 36 YEARS,
     R/O NO.27, LAKSHMI TALKIES CHANNEL,
     JAIL ROAD, SHIVAMOGGA-577201.
     OWNER OF TATA ACE
     REG NO.KA36-5884

4.   LAXMAPPA
     S/O SIDDAPPA,
     H.NO.1/27, AMEENAGAD,
     MANCI TALUK,
     RAICHUR DISTRICT-584101.
                                   ... RESPONDENTS
(BY SRI. LOKESH BOOVANAHALLI, ADVOCATE FOR
RESPONDENT NO.1;
SRI. SATISH CHANDRA K.V., ADVOCATE FOR
RESPONDENT NOS.2 AND 3;
NOTICE ISSUED TO RESPONDENT NO.4 IS UNSERVED)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT,
1988 AGAINST THE JUDGMENT AND AWARD DATED
16.11.2016 PASSED IN MVC NO.345/2013 ON THE FILE OF
THE PRINCIPAL SENIOR CIVIL JUDGE & MACT-VI,
SHIVAMOGGA,       AWARDING     COMPENSATION      OF
RS.1,00,000/- WITH INTEREST @ 9% P.A. FROM THE DATE
OF PETITION TILL DEPOSIT.
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     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT THROUGH VIDEO CONFERENCE DELIVERED
THE FOLLOWING:

                   JUDGMENT

The learned counsel Sri.H.N.Keshava Prashanth

submits that the issue involved in the appeal is squarely

covered by the Judgment of the Apex Court in the case

of Mukund Dewangan Vs. Oriental Ins.Co.Ltd.

reported in 2017(14) SCC 663 and therefore, he would

not press the appeal.

The submission of the learned counsel is placed

on record and the appeal is dismissed as not pressed.

The amount in deposit is directed to be transferred

to the Tribunal for necessary orders.

Sd/-

JUDGE GH