The Branch Manager vs Bharati Maruti Davanageri
2021 Latest Caselaw 3408 Kant

         IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

DATED THIS THE 25 T H DAY OF SEPTEMBER, 2021

                            BEFORE

       THE HON'BLE MR.JUSTICE M.G.S. KAMAL

               MFA NO.100513/2014 (MV-D)

Between:

The Branch Manager,
Future Generali India Insurance Company Limited,
Pasadena No.18/1, (Old No.125/A), 3rd Floor,
Ashok Pillar Road, Jayanagar, 1st Block,
Bangalore-560 052,
Rep. by it's the Manager (Legal,
Future Generali India Insurance Company Limited,
Pasadena No.18/1, Old No.125/A, 3rd Floor,
Ashok Pillar Road, Jayanagar, 1st Block,
Bangalore, Authorised signatory.
                                                   ... Appellant

(By Shri S.K. Kayakamath, Advocate)


And:

1.     Smt. Bharati Maruti Davanageri,
       Age 52 years, Occ: Household work,
       R/o.: Sy. No.253, CTS No.5518,
       6th Cross, Shastri Nagar, Belgaum.

2.     Amit Maruti Davanagere,
       Age 18 yeas, Occ: Student,
       R/o.: Sy. No.253, CTS No.5518,
       6th Cross, Shastri Nagar, Belgaum
                                  :2:


3.    Shri Maruti Hanumanth Davanagere,
      Age 58 years, Occ: Business,
      R/o.: Bakul Building, Plot NO.46,
      Near Mahaveer Garden, Hindwadi,
      Belgaum, (Owner of Motorcycle
      Bearing No.KA-22/W-8043).

4.    Ashol Singh S/o. Cholasing,
      Age 46 YEARS, Occ: Business,
      R/o.: Ward No.42, Kangrali Galli,
      Belgaum (Owner of the Motorcycle
      Bearing No.KA-22/K-2526).

5.    The Divisional Manager,
      United India Insurance Company Limited,
      No.1568, Sita Smriti, Maruti Galli,
      Belgaum.
                                                 ... Respondents

(By Shri Santosh B.Rawoot & G.D. Hirehole, Adv. For R1;
 Respondent No.2 - served;
 Notice to respondent Nos.3 & 4 dispensed with;
 Smt. Preeti Shashank, Advocate for R5)


      This MFA is filed under Section 173(1) of the M.V. Act,
against the Judgment and Award dated 30.09.2013, passed in
MVC No.1945/2011 on the file of the II-Addl. Senior Civil Judge
and Addl. MACT, Belgaum, awarding the compensation of
Rs.2,77,500/- with interest at the rate of 9% p.a. from the date
of petition till the date of deposit.


      This MFA coming on for admission, this day, the Court
delivered the following:
                                :3:


                             JUDGMENT

1. Learned counsel for the appellant-Insurance

Company submits that originally the claim petition was

filed under Section 163-A of the M.V. Act, which was

subsequently amended and converted into one under

Section 166 of the M.V. Act before the Tribunal.

However, the present appeal is filed as if the claim

petition was filed under Section 163-A of the M.V. Act.

In view of the above, the appeal does not survive for

consideration as the same has become infructuous.

2. Taking submission on record, the appeal is

dismissed as withdrawn.

The amount in deposit, if any, be transmitted to

the Tribunal for disbursement along with records.

Sd/-

JUDGE Vnp*