Karnataka High Court
The Branch Manager vs Hema @ Hemalatha on 24 February, 2022
Bench: P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24th DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MR. JUSTICE P. KRISHNA BHAT
MFA No.7566 OF 2016
c/w MFA No.7567 of 2016 (MV-I)
IN MFA NO. 7566/2016
BETWEEN
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO.LTD.,
T.B.M.A. BUILDING,
J.C. ROAD, TUMKUR.
REPRESENTED BY MANAGER,
ORIENTAL INSURANCE CO.LTD.,
C. NANJAPPA COMPLEX,
SUBASH SQUARE, HASSAN - 573 201.
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
REGIONAL OFFICE, 2ND FLOOR,
SUMANGALA COMPLEX,
LAMINGTON ROAD,
HUBLI - 580 0100
... APPELLANT
(BY SMT. HARINI SHIVANANDA, ADVOCATE)
AND
1. HEMA @ HEMALATHA,
40 YEARS,
2
W/O CHANDRASHEKARIAH,
SATHYAMANGALA VILLAGE,
KASABA HOLBI,
HASSAN TALUK & DISTRICT - 573 201.
2. M.G. PRASAD
MAJOR,
S/O GANGADHARAPPA,
MALLIGEHALLI VILLAGE & POST,
CHIKKANAIKANAHALLI TALUK,
TUMKUR DISTRICT - 572 214.
3. MANAGER
UNITED INDIA INSURANCE CO. LTD.,
RAGHAVENDRA COLONY, B.H. ROAD,
TIPATURU, TUMKUR DISTRICT
REPRESENTED BY MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
GANDHI BAZAAR CIRCLE, B.M. ROAD,
S.V. BUILDING, HASSAN - 573 201.
4. KUMAR
MAJOR,
S/O DOLLAIAH,
R/O THIMMANAHALLI VILLAGE,
GUBBI TALUK,
TUMKUR DISTRICT - 572 216.
...RESPONDENTS
(BY SRI ANUP SEETHARAM RAO, ADVOCATE FOR R3;
R2 SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
05.07.2016 PASSED IN MVC NO.1419/2011 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL
MACT, HASSAN, AWARDING COMPENSATION OF
3
RS.1,19,861/- WITH INTEREST @ 8% P.A. FROM THE
FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 7567/2016
BETWEEN
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO.LTD.,
T.B.M.A. BUILDING,
J.C. ROAD, TUMKUR.
REPRESENTED BY MANAGER,
ORIENTAL INSURANCE CO.LTD.,
C. NANJAPPA COMPLEX,
SUBASH SQUARE, HASSAN - 573 201.
NOW REPRESENTED BY ITS
REGIONAL MANAGER,
REGIONAL OFFICE, 2ND FLOOR,
SUMANGALA COMPLEX,
LAMINGTON ROAD,
HUBLI - 580 0100
... APPELLANT
(BY SMT. HARINI SHIVANANDA, ADVOCATE)
AND
1. HEMA
W/O YOGESH,
33 YEARS,
SATHYAMANGALA VILLAGE,
KASABA HOLBI,
HASSAN TALUK & DISTRICT - 573 201.
2. M.G. PRASAD
MAJOR,
S/O GANGADHARAPPA,
MALLIGEHALLI VILLAGE & POST,
4
CHIKKANAIKANAHALLI TALUK,
TUMKUR DISTRICT - 572 214.
3. MANAGER
UNITED INDIA INSURANCE CO. LTD.,
RAGHAVENDRA COLONY, B.H. ROAD,
TIPATURU, TUMKUR DISTRICT
REPRESENTED BY MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
GANDHI BAZAAR CIRCLE, B.M. ROAD,
S.V. BUILDING, HASSAN - 573 201.
4. KUMAR
MAJOR,
S/O DOLLAIAH,
R/O THIMMANAHALLI VILLAGE,
GUBBI TALUK,
TUMKUR DISTRICT - 572 216.
...RESPONDENTS
(BY SRI ANUP SEETHARAM RAO, ADVOCATE FOR R3)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED
05.07.2016 PASSED IN MVC NO.1420/2011 ON THE FILE
OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL
MACT, HASSAN, AWARDING COMPENSATION OF
RS.33,500/- BUT THE PETITIONER HEREIN IS LIABLE TO
PAY 50% OF THE AWARD AMOUNT I.E., 16,750/- WITH
INTEREST @ 8% P.A. FROM THE FROM THE DATE OF
PETITION TILL REALIZATION.
THESE APPEALS COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
5
JUDGMENT
Smt. Harini Shivananda, learned counsel for the
appellant submits that these two appeals will not
survive for consideration in view of decision of the
Hon'ble Apex Court in the case of MUKUND
DEWANGAN vs. ORIENTAL INSURANCE
COMPANY LIMITED reported in (2017) 14 SCC
663.
The said submission is placed on record.
Accordingly, the appeals are dismissed.
Amount in deposits shall be transmitted to the
learned MACT forthwith along with the records.
Sd/-
JUDGE
MBM
