M/S United India Insurance ... vs Smt Gowramma
2021 Latest Caselaw 2112 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.9454/2013 (MV)

BETWEEN:

M/S. UNITED INDIA INSURANCE COMPANY LIMITED,
REGIONAL OFFICE, 6TH FLOOR,
KRISHI BHAVAN, NRUPATHUNGA ROAD,
BENGALURU-560001,
REP. BY ITS MANAGER.                         ... APPELLANT

              (BY SRI A.M. VENKATESH, ADVOCATE)

AND:

1.     SMT. GOWRAMMA,
       W/O LATE MUNIYAPPA,
       AGED ABOUT 57 YEARS.

2.     SRI SHANKARAPPA,
       S/O LATE MUNIYAPPA,
       AGED ABOUT 37 YEARS.

       BOTH ARE R/AT NO.6,
       MANCHAPPANAHALLI, JALA HOBLI,
       BENGALURU NORTH TALUK-560068.

3.     MR. MANJUNATHA,
       S/O LATE MUNIRAJAPPA,
       R/AT BUDIGERE VILLAGE & POST,
       OPP: DARMARAYA SWAMY TEMPLE,
       DEVANAHALLI TALUK,
       BENGALURU RURAL DISTRICT-562129.      ... RESPONDENTS

       (BY SRI M. ANIL KUMAR, ADVOCATE FOR R-1 AND R-2;
                      R-3 HELD SUFFICIENT)
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      THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 31.08.2013 PASSED
IN MVC.NO.1308/2012 ON THE FILE OF THE 21ST ADDITIONAL
SMALL CAUSES JUDGE, 19TH ACMM SMALL CAUSES COURT,
MEMBER, MACT, BENGALURU, AWARDING A COMPENSATION OF
Rs.4,90,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF
PETITION TILL PAYMENT.

     THIS M.F.A. COMING ON FOR ADMISSION THROUGH VIDEO
CONFERENCE, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                        JUDGMENT

The learned counsel for the appellant submits that this

appeal may be dismissed in view of the judgment of the Apex

Court in the case of MUKUND DEWANGAN v. ORIENTAL

INSURANCE CO.LTD., reported in (2017) 14 SCC 663.

2. The issue involved in the case is only with regard to

not having effective driving licence. In view of the submission

made by the learned counsel for the appellant, the appeal is

dismissed. The amount in deposit, if any, may be transmitted to

the concerned Tribunal forthwith.

Sd/-

JUDGE

MD