The Divisional Manager vs Haneef S/O Khaja Hussainsab
2022 Latest Caselaw 1580 Kant

                                          MFA 20236/2013

                             -1-




             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

        DATED THIS THE 2ND DAY OF FEBRUARY 2022

                           BEFORE

       THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                    M.F.A.No.20236/2013

BETWEEN:

The Divisional Manager,
United India Insurance Co. Ltd.,
Ramakrishna Complex,
First Floor, Raghavachari Road,
Bellary, Represented through its
Divisional Manager.                        ..APPELLANT

(By Sri Nagangouda R.Kuppelur , Adv.)

AND:

1.     Md. Haneef,
       S/o Khaja Hussainsab,
       Age: 49 years,
       Occ: Cycle Rickshaw Puller,
       R/o Rupanagudi,
       Opp. to Mallikarjun
       Medical Shop, Bellary.

2.     M/s. Sai Sudheer Infrastructures
       Ltd., By its Manager,
       Owner of the Hydraulic Crane,
       R/o Door No.18/8C, 2nd Cross,
       Gandhinagar, Bellary.

3.     Md. Shakeel Ahmad,
       S/o Saleemuddin,
       Age: Major, Occ: Driver,
       R/o C/o M/s. Sai Sudheer
       Infrastructures Ltd.,
                                                  MFA 20236/2013

                               -2-




      R/o Door No.18/8C, 2nd Cross,
      Gandhinagar, Bellary.                 ..RESPONDENTS

(R-1 - Service held sufficient v/o dt: 02.11.2017;
 R-2 - Served;
 R-3 - Dispensed with v/o dt: 28.02.2019)

      This miscellaneous first appeal is filed under Section
173(1) of MV Act, 1988, against the judgment and award dated
15.11.2012 passed in MVC No.575/2012 on the file of the
Member, MACT No.XII, Bellary, awarding compensation of
`1,16,800/- with interest at the rate of 7% per annum from the
date of petition till its deposit.

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

                          JUDGMENT

1. This appeal is filed by the Insurer of the offending

vehicle challenging the liability saddled on it to pay the

compensation amount. The appeal filed by the claimant in

MFA No.20219/2013 has been already disposed of before

the Lok Adalath on 14.07.2018 and in the said appeal,

respondent no.2-Insurance Company has agreed to pay a

lumpsum amount of `65,000/- in addition to what has

been awarded by the Tribunal in full and final settlement

of the claim. The joint memo which was filed in the said

appeal before the Lok Adalath was signed by both the

parties.

MFA 20236/2013

2. Having regard to the above, the present appeal by

the Insurer will not be maintainable. Accordingly, this

appeal is dismissed as not maintainable.

3. The amount in deposit shall be transferred to the

Tribunal for disbursement and in case if the Insurer has

already satisfied the award, the Insurer is at liberty to

withdraw the amount before the Tribunal.

Sd/-

JUDGE KK