Karnataka High Court
The Divisional Manager vs M.Pavankumar @ Pavan S/O ... on 24 June, 2021
Author: Krishna S. Yerur
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24TH DAY OF JUNE 2021
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR.JUSTICE PRADEEP SINGH YERUR
MFA No.24446/2013 (MV-I)
C/w. MFA No.24454/2013 (MV-I)
In MFA No.24446/2013:
BETWEEN:
M/s. National Insurance Co. Ltd.,
Branch Manager, Ballari,
Rep. by its Deputy Manager,
National Insurance Co. Ltd.,
Regional Office, Arihant Plaza,
2nd Floor, Kusugal Road,
Keshwapur, Hubballi-580023.
... Appellant
(By Shri S.K. Kayakamath, Adv.)
AND:
1. Shri M. Praveenkumar
S/o. Basavaraj, Age 19 years,
Occ: Student, R/o.: 4 th Ward,
Kottur, Kudalagi Taluk,
Ballari District,
R/o.: Siddartha Nagar,
Cantonment, Ballari.
2. Shri Ramanna C. S/o. Giriyappa,
:2:
Age major, occ: Owner of the Car
Bearing No.KA-35/M-9516,
R/o.: Devara Krupa Cycles,
Harapanahalli Road, Kottur,
Tq.: Kudalagi, Dist.: Ballari.
3. Shri Ashfak S/o.Shamshucksaheb,
Age major, Occ: owner of TATA-407
Vehicle bearing No.KA-20/B-3075,
R/o.: C/o. Shri Abdul Alim,
Owner of vehicle, Door No.29/119,
Bapu Thota, Malpe Post, Udupi District.
4. Shri Abdul Alim S/o.Bapujansaheb,
Age major, Occ: Owner of TATA-407
Vehicle bearing No.KA-20/B-3075,
R/o.: Door No.29/119, Bapu Thota,
Malpe Post, Udupi District.
5. M/s. New India Assurance Co. Ltd.,
By its Divisional Manager, Ballari,
... Respondents
(By Shri Y. Lakshmikanthreddy Adv. for R1;
Shri G.N. Raichur, Adv. for R5;
R2 to R4 are served)
---------
This MFA is filed under Section 173(1) of M.V. Act,
1988 against the Judgment & Award dated 18.03.2013,
passed in MVC No.1093/2012 on the file of the MACT-IX,
Ballari, awarding the compensation of Rs.25,000/- with
interest at the rate of 6% p.a. from the date of the petition
till the date of deposit.
In MFA No.24454/2013:
BETWEEN:
M/s. National Insurance Co. Ltd.,
Branch Manager, Ballari,
Rep. by its Deputy Manager,
National Insurance Co. Ltd.,
Regional Office, Arihant Plaza,
2nd Floor, Kusugal Road,
Keshwapur, Hubballi-580023.
... Appellant
(By Shri S.K. Kayakamath, Adv.)
AND:
1. Shri M. Praveenkumar
S/o. Basavaraj, Age 18 years,
Occ: Student, R/o.: 4 th Ward,
Kottur, Kudalagi Taluk, Ballari District.
2. Shri Ramanna C. S/o. Giriyappa,
Age major, occ: Owner of the Car
Bearing No.KA-35/M-9516,
R/o.: Devara Krupa Cycles,
Harapanahalli Road, Kottur,
Tq.: Kudalagi, Dist.: Ballari.
3. Shri Ashfak S/o.Shamshucksaheb,
Age major, Occ: Owner of TATA-407
Vehicle bearing No.KA-20/B-3075,
R/o.: C/o. Shri Abdul Alim,
Owner of vehicle, Door No.29/119,
Bapu Thota, Malpe Post, Udupi District.
4. Shri Abdul Alim S/o.Bapujansaheb,
Age major, Occ: Owner of TATA-407
Vehicle bearing No.KA-20/B-3075,
R/o.: Door No.29/119, Bapu Thota,
Malpe Post, Udupi District.
5. M/s. New India Assurance Co. Ltd.,
By its Divisional Manager, Ballari,
... Respondents
(By Shri Y. Lakshmikanthreddy Adv. for R1;
Shri G.N. Raichur, Adv. for R5;
R2 to R4 are served)
---------
This MFA is filed under Section 173(1) of M.V. Act,
1988 against the Judgment & Award dated 18.03.2013,
passed in MVC No.1092/2012 on the file of the MACT-IX,
Ballari, awarding the compensation of Rs.15,000/- with
interest at the rate of 6% p.a. from the date of the petition
till the date of deposit.
These MFAs coming on for admission, this day,
Krishna S.Dixit, J, delivered the following:
JUDG MENT
The appeals in MFA Nos.24446/2013 & 24454/2013
having been founded on the ground of composite negligence
do not merit consideration in view of the fact matrix and
accordingly they are disposed of without prejudice to the
contention to be urged in the companion appeals.
I.A. No2/2013 in both the appeals pale into
insignificance in view of the disposal of these appeals.
SD/-
JUDGE
SD/-
JUDGE
Vnp*
