Rajanna P vs Muthaiah
2021 Latest Caselaw 2109 Kant

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       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 3RD DAY OF JUNE, 2021

                         BEFORE

           THE HON'BLE MR. JUSTICE H.P. SANDESH

                 M.F.A.NO.6767/2019 (MV)

BETWEEN:

RAJANNA P.,
S/O PUTTANNA M.,
NOW AGED ABOUT 39 YEARS,
R/AT BYADARAHALLI
NELAMANGALA TALUK
BANGALORE RURAL DISTRICT-562123
                                           ... APPELLANT

               (BY SRI PRAMOD R., ADVOCATE)

AND:

1.     MUTHAIAH
       S/O LATE KALINGAIAH
       NOW AGED ABOUT 66 YEARS,
       R/AT NO.107 METIPALYA
       TAVAREKERE HOBLI, TAVAREKERE
       BENGALURU-562 120

2.     THE MANAGER
       THE SHRIRAM GEN INSURANCE CO. LTD.,
       NO.141, A.J.CHAMBERS, R.V.ROAD,
       OPP. INDIAN PETRO BUNK
       JAYANAGAR, BENGALURU-04
                                          ... RESPONDENTS
             (BY SRI M.BABU, ADVOCATE FOR R1;
         SRI A.N.KRISHNA SWAMY, ADVOCATE FOR R2)
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     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 26.04.2019
PASSED IN MVC.NO.7316/2017 ON THE FILE OF THE XIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER,
MACT, BENGALURU (SCCH-15), AWARDING COMPENSATION OF
RS.2,74,500/- WITH INTEREST AT 6% P.A. TILL REALIZATION.

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

                        JUDGMENT

On perusal of the order dated 28.11.2019, it is clear that

this Court granted stay of the operation and execution of the

award dated 26.04.2019 passed in M.V.C.No.7316/2017, subject

to the appellant depositing 50% of the award amount with

accrued interest before this Court within 20 days from the date

of the order. However, while passing the order dated

02.01.2020, it is mentioned as call this matter after two weeks,

to enable the learned counsel for the appellant to make statutory

deposit, instead of 50% of the award amount. Learned counsel

for the appellant submits that he has already made the statutory

deposit.

2. Learned counsel appearing for the appellant would

submit that due to financial difficulties, he could not deposit the

amount within the time stipulated. If the appellant is not in a

position to deposit the amount within the specified period, the

appellant has to seek for permission of this Court to extend the

time for depositing the same. However, no such application is

filed before this Court and the order dated 02.01.2020 is very

clear that, if the amount is not deposited within two weeks, the

appeal shall stand dismissed on its own.

In view of the order dated 02.01.2020, the appeal shall

stand dismissed.

Sd/-

JUDGE

ST