The Branch Manager The National ... vs Smt. Taslim W/O Javeed Patel And ...
2021 Latest Caselaw 2489 Kant

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          IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

       DATED THIS THE 29TH DAY OF JUNE, 2021

                          BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

                MFA No.32109/2012 (MV)

Between:

The Branch Manager,
The National Insurance Co. Ltd.,
Behind Sri.Siddeshwar Temple,
Heralagi Building, Bijapur,
Through its:-
The Divisional Manager,
National Insurance Company Ltd.,
Opp. Mini Vidhana Soudha,
Gulbarga.
                                              ... Appellant
(By Sri. Sanjay.M.Joshi, Advocate)

And:

1.     Smt. Taslim W/o Javeed Patel,
       Aged: 27 years, occ: Household work,
       R/o Tikota,
       Tq: & Dist: Bijapur-586 102.

2.     Sifya D/o Javeed Patel,
       Age: 5 years, Occ: Nil,

3.     Naziya D/o Javeed Patel,
       Age: 3 years, Occ: Nil,

       Since, petitioner No.2 and 3 are minors,
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      Represented by their
      Natural Guardian/mother Petitioner No.1
      Smt. Taslim W/o Javeed Patel,
      Age: 27 years, Occ: H.H.work,
      R/o Tikota, Tq: & Dist: Bijapur.

4.   Vazeer S/o Kutubuddin Patel,
     (Dead) Age: 61 years, Occ: Nil,
     R/o Tikota Tq: & Dist: Bijapur.

5.   Smt. Hameed W/o Vazir Patel,
     Age: 56 years, Occ: H.H.Work,
     R/o. Tikota Tq. & Dist: Bijapur.

6.   Proprietor/Managing Director,
     M/s Delhi Baroda Road, Carrier Private Limited,
     No.AK-47, Sanjay Gandhi Transport Nagar,
     Delhi-100-042
     Owner of container-Truck No.HR.63/C-1557

                                          ... Respondents
(R2 & R3 are minors;
R4 is dead)

      This Miscellaneous First Appeal is filed under Section
173(1) of the MV Act praying to call for the records of the
Motor Accident Claims Tribunal No.XII, Bijapur in MVC
No.280/2011, decided on 18.04.2012 and be pleased to
set aside the quantum of compensation awarded at
Rs.6,42,000/- saddled upon the appellant Insurance
Company and alternatively prays that this Hon'ble Court to
reopen the MVC No.280/2011 and remand the same for
being tried of afresh by providing opportunity to the
appellant to prove the fact of false documents having been
used by the petitioners to succeed in the matter.

      This appeal coming on for orders this day, the Court
delivered the following:-
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                     JUDGMENT

This Court vide order dated 30.03.2021 a week's

time is granted to do the needful, failing which the

appeal would stand dismissed automatically.

Even today, the learned counsel appearing for

the appellant seeks time to do the needful.

In view of the peremptory order passed by this

Court, I do not find any ground to grant further time.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE SMP