The Branch Manager vs Rabbani Fakruddin Tapali
2022 Latest Caselaw 1229 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

      DATED THIS THE 27 T H DAY OF JANUARY, 2022

                        BEFORE

     THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

              M.F.A. No.21237/2012 (MV)

BET WEEN

THE B RANCH MANAGER,
NATIONAL INSURANCE COMPANY LIMITED,
REPRES ENTED BY ITS B RANCH MANAGER,
SU JATA COMPLEX , 2 N D FLOOR,
SHANB HAG COMPLEX,
OPPOS ITE TO GLA SS HOU SE, HUB LI,
DIST: DHARWAD,
NOW R/B Y IT'S ADMIN OFFICER.
                                            ..APPEL LANT
(BY MISS. ANUSHA SANGAMI FOR
 SRI. S.K.KAYAKAMAT H, ADVOCAT ES)

AND

1.    RABBANI FAKRUDDIN T APALI,
      AGE: 21 YEARS, OCC: TAILOR,
      R/O SATTU R COLONY , DHARWAD.

2.    HUSSAINSAB S/ O CHANDSAB NANDIGATTA,
      AGE: MAJOR, OCC: BUSINESS AND OWNER
      POST: H IREB ENDIGER I, TQ: SHIGGAON,
      DIST: DHARWAD.
                                          ...RESPONDENTS

(BY SRI. SU NIL S.DESAI, ADVOCATE FOR R2;
 NOTICE TO R1 NOTICE 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 28.12.2 011 PASS ED IN
                                       2




MVC No.452/ 2008 ON THE FILE OF T HE I-ADDL. SENIOR
CIVIL    JUDGE       AND    MEMB ER,        ADDL.       MACT,    DHARWAD,
AWARDING        T HE       COMPNESAT ION           OF     ` 5,000/-        WIT H
INT EREST AT TH E RAT E OF 6% P.A. FROM THE DA TE OF
PET IT ION T ILL THE DAT E OF DEPOS IT.


        THIS APPEA L COMING ON FOR ADMISSION, TH IS DAY
THE COU RT DELIVERED THE FOLL OWING:


                                 JUDGMENT

This appeal is filed by the insurer of the

offending vehicle bearing registration No.KA-26/2415

challenging the impugned judgment and award dated

28.12.2011 passed by the Court of I-Additional

Senior Civil Judge and Member, Additional M.A.C.T,

Dharwad, in MVC No.452/2008.

2. A perusal of the impugned judgment and

award would go to show that the tribunal had

awarded a sum of `5,000/- as global compensation to

the claimant in MVC No.452/2008. Therefore, the

present appeal filed challenging the same would not

be maintainable. Accordingly, the appeal is

dismissed. However, it is made clear that dismissal of

this appeal as not maintainable will not come in the

way of the appeal filed by the insurer challenging the

judgment and award passed in MVC No.453/2008

being decided on its merits.

Sd/-

JUDGE AC/ CL K