The Divisional Manager vs Smt Nagarathna
2022 Latest Caselaw 1792 Kant

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 4TH DAY OF FEBRUARY, 2022

                       BEFORE

    THE HON'BLE MR. JUSTICE P. KRISHNA BHAT

  MISCELLANEOUS FIRST APPEAL No.4862/2017 (MV)

BETWEEN:

THE DIVISIONAL MANAGER
THE ORIENTAL INSURANCE CO.LTD.,
VISHNU PRAKASH BUILDING COURT ROAD
UDUPI
NOW REP. BY REGIONAL MANAGER
THE ORIENTAL INSURANCE CO.LTD.,
SUMANGALA COMPLEX
OPPOSITE TO HDMC
LAMINGTON ROAD
HUBBALI-580020.

                                     ...APPELLANT

(BY SRI A N KRISHNASWAMY, ADV.)

AND:

  1. SMT. NAGARATHNA
     W/O SHANKAR KOTARY
     AGED ABOUT 45 YEARS

  2. SRI SHANKAR KOTARI
     S/O SHEENA KOTARY
     AGED ABOUT 52 YEARS

  3. SOWMYA
     D/O SHANKAR KOTARI
     AGED ABOUT 23 YEARS
     ALL ARE R/AT SOWDA ROAD
     SHANKARANARAYANA VILLAGE
                            2



     KUNDAPURA TALUK-576201
     UDUPI DISTRICT.

  4. SRI SHANKAR S.M.
     S/O MASTHI GOWDA
     AGED ABOUT 24 YEARS
     R/O YADIRURU HOBLI
     SIDDAPURA
     NADEMAVINAPURA POST & VILLAGE
     KUNIGAL, TUMKURU DIST.-572130.

  5. MRS. SOWMYA S
     MAJOR
     W/O SUNIL S CHATRA
     SRI DURGAMBA MOTORS
     MAIN ROAD
     KUNDAPURA-576201.
                                      ...RESPONDENTS

(BY SRI H JAYAKARA SHETTY, ADV. FOR R1 & 3
 SRI M.E. NAGESH, ADV. FOR R5
 R4-SERVED & UNREPRESENTED)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S
173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD
DATED 18.04.2017 PASSED IN MVC NO.750/2015 ON THE FILE
OF THE SENIOR CIVIL JUDGE AND MEMBER ADDITIONAL
MOTOR ACCIDENT CLAIMS TRIBUNAL KUNDAPURA AWARDING
COMPENSATION OF RS.12,09,000/- WITH INTEREST AT 6% P.A.
ON THE AMOUNT FROM THE DATE OF THE PETITION TILL THE
DATE OF DEPOSIT WITH THE TRIBUNAL.


     THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                             3




                     JUDGMENT

Sri A.N. Krishnaswamy, learned counsel for the

appellant submits that in view of the Constitution

Bench decision in NATIONAL INSURANCE COMPANY

LIMITED Vs. PRANAY SETHI's reported in 2017 (16) SCC

680, the Insurance Company does not intend to

prosecute this appeal and he therefore, submits that the

appeal may be dismissed as not pressed.

2. Placing the said submission on record, the appeal

is dismissed as not pressed.

3. The amount in deposit shall be transmitted to the

learned MACT forthwith and if the amount in deposit is

in excess of the award amount, the said excess amount

shall be refunded to the Insurance Company.

SD/-

JUDGE

NG* CT:bms