Ambarawwa W/O Sangappa Handi And ... vs Ishwarappa S/O Irappa Kumbar And ...
2021 Latest Caselaw 2792 Kant

         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

       DATED THIS THE 13TH DAY OF JULY, 2021

                      BEFORE

      THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


           M.F.A. NO.31897 OF 2012 (MV)

BETWEEN:

1.    AMBARAWWA
      W/O SANGAPPA HANDI
      AGE: 51 YEARS, OCC: HH WORK,
      R/O NANDIHAL, NOW AT IBRAHIMPUR
      BIJAPUR - 586101

2.    CHANNAPPA
      S/O SANGAPPA HANDI
      AGE: 31 YEARS, OCC:AGRICULTURE,
      R/O NANDIHAL, NOW AT IBRAHIMPUR
      BIJAPUR

3.    HAVALAWWA
      D/O SANGAPPA HANDI,
      AGE: 27 YEARS, OCC:H WORK,
      R/O NANDIHAL, NOW AT IBRAHIMPUR
      BIJAPUR
                                        ...APPELLANTS

(BY SRI. SHIVASHANKAR H MANUR, ADV.)

AND

1.    ISHWARAPPA
      S/O IRAPPA KUMBAR
                             2




     AGE: 36 YEARS, OCC: BUSINESS,
     A/P 92, KAVALAGI,
     TQ. B.BAGEWADI, DIST. BIJAPUR - 586101

2.   THE MANAGER,
     RELIANCE GENERAL INSURANANCE CO.LTD.,
     NO.28, 5TH FLOOR EAST WING
     CENTENARY BUILDING, M.G. ROAD
     BANGALORE - 560001

3.   SHRISHAIL
     S/O IRAPPA @ SANGAPPA UGRAN @ HANDI
     AGE: 46 YEARS, OCC: AGRICULTURE,
     R/O AKKALAKI, TQ. BILAGI,
     DIST. BAGALKOT - 587101
                                    ...RESPONDENTS

(BY SRI. C. S. KALABURAGI, ADV. FOR R2
    NOTICE TO R1 & R3 DISPENSED)


     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF THE MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.02.2012 PASSED IN
MVC No.377/2011 ON THE FILE OF THE MACT No.VII,
BIJAPUR, PARTLY ALLOWING THE CLAIM PETITION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS MFA COMING ON FOR FINAL HEARING 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 petitioners being

aggrieved by the judgment dated 08.02.2012 passed

in MVC No.377/2011 by the Motor Accident Claims

Tribunal-VII, Bijapur.

2. The impugned judgment and award was also

challenged by the Insurance Company in MFA

No.30648/2012. This Court, vide judgment dated

23.09.2020, allowed the appeal filed by the Insurance

Company and set aside the impugned judgment and

award and dismissed the claim petition. The

petitioners did not challenge the judgment passed by

this Court in the aforesaid MFA and the same has

attained finality. In view of the claim petition being

dismissed in the aforesaid appeal, the present appeal

does not survive for consideration and is accordingly

dismissed.

SD/-

JUDGE RD