The Manager Icici Lombard General ... vs Irawwa Kareppa Hanagandi
2022 Latest Caselaw 1987 Kant

            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

      DATED THIS THE 08 T H DAY OF FEBRUARY, 2022

                          BEFORE

      THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                M.F.A. No.20670/2012 (MV)

BET WEEN

THE MANAGER,
ICICI LOMB ARD GENERAL
INSU RANCE COMPANY LIMITED,
HAVING ITS OFF ICE NEAR RPD CORNER,
KHANAPU R ROAD, TILAKWADI, BELAGAVI,
REP.B Y ITS AUT HORISED OFF ICER,
HU BLI B RANCH, HUB LI,
DIST: DHARWAD, B ELLAD BU ILD ING,
II FLOOR, GOKUL ROAD HU BB ALLI.
                                               ...APPELLANT
(BY SRI. S.K.KAYAKAMAT H, ADVOCAT E)

AND

1 .    SMT. IRAWWA KAREPPA HANAGANDI,
       AGE: 34 YEARS, OCC: HOU SEHOLD WORK,
       R/O: MORAB , TAL: RAIB AG, DIST:B ELAGAV I.

2 .    MALLAPPA S/O KAREP PA HANAGANDI,
       AGE: 18 YEARS, OCC : STU DENT,
       R/O: MORAB , TAL:RAIBAG, DIST :BELAGAVI.

       (THEN MINOR REPRESENT ED BY HIS
       NAT URAL MOT HER PET ITIONER No.1)

3 .    SMT.GANGAWWA W/O. SIDRAM HANAGANDI,
       AGE : 67 YEARS, OCC : HOUSEHOLD WORK
       R/O: MORAB , TAL: RAIB AG, DIST:B ELAGAV I.

4 .    SRI. MU TTAPPA SIDDAPPA HARU GER I,
       AGE: MAJOR, OCC: AGRICU LTU RE,
       R/O: CHINCHALI, TQ: RAIB AG,
                                    2




     DIST : B ELAGAVI.
     (OWNER OF THE MOTOR CYCLE
     No.KA-23/U -9476) .
                                                    ...RESPONDENTS

(BY SRI. K.ANANDKUMAR, ADVOCATE FOR R1)
(R2 TO R4 SERVED)

     THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 173(1) OF MOTOR VEH ICLES ACT, 1988, AGAINST
THE J UDGMENT AND AWARD DATED 24.08.2 011 PASS ED IN
MVC No.2285/ 2009 ON TH E F ILE OF THE MEMB ER
ADDIT IONAL MACT AND PRES IDIN G OFF ICER, FAST T RACK
COURT-III,    B ELAGAVI,    AWARD ING      COMPENSA TION
`4,45,000/- WIT H INT EREST AT THE RATE OF 8% P.A. FROM
THE DATE OF FIL ING THE PETIT ION TILL IT S REALIZ AT ION.

    THIS APPEAL COMING ON FOR ORD ER, THIS DAY THE
COURT DELIVERED THE FOLLOWING:

                              JUDGMENT

This app eal is filed by the insurer of the offending

motorcycle bearing registration No.KA-23/U-9476

challenging the judgment and award d ated 24.08.2011

passed by the M.A.C.T., Belag avi, in MVC No.

2285/2009.

2. Learned counsel for the claimants submits

that the appellant-insurer has alread y satisfied the

award passed by the M.A.C.T., Belagavi in MVC

No.2307/2013 arising from the very same accident and

therefore the ap peal has to be d ismissed . He sub mits

that the claimant had filed the ap peal for enhancement

as ag ainst the judgment and award p assed in MVC

No.2307/2013 in MFA No.102215/2015 and the said

MFA was also settled before the Lok Ad alath and the

insurer of the offending motorcycle bearing registration

No.KA-23/U-9476 had ag reed to enhance the

comp ensation and even the enhanced amount of

comp ensation has been satisfied by the insurer who is

the appellant before this Court. Therefore he submits

the app eal is liable to be dismissed. Learned counsel

for the appellant having verified this aspect of the

matter does not dispute the submission made by the

learned counsel for the claimants. Under

circumstances, this appeal filed by the insurer of the

offending motorcycle challenging the impugned

judgment and award insofar as it relates to the

liability to pay compensation is not maintainable.

Accordingly, the same is dismissed.

The amount in deposit is directed to be

transferred along with trial Court records to the

Tribunal so as to enable the claimants to withdraw

the amount.

Having regard to the disposal of the appeal, the

pending applications will not survive for

consideration.

Sd/-

JUDGE

AC/ CL K