Karnataka High Court
The National Insurance Co Ltd vs K Raghavendra Rao on 5 July, 2022
Bench: R. Nataraj
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R.NATARAJ
MISCELLANEOUS FIRST APPEAL NO.3172/2010 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.2311/2010 (MV)
IN M.F.A.NO.3172/2010:
BETWEEN:
K.RAGHAVENDRA RAO,
AGED ABOUT 31 YEARS,
S/O NAGABHOOSHANA RAO,
R/O SULANEERU HOUSE,
YADAMOGE VILLAGE AND POST,
KUNDAPURA TALUK.
...APPELLANT
(BY SRI.MAHESH KIRAN SHETTY, ADVOCATE)
AND:
1. PURUSHOTHAMA DEVAPPA NAIK,
S/O DEVAPPA VIDIYAPPA NAIK,
R/O SHIROOR VILLAGE,
ANKOLA TALUK,
U.K. DISTRICT.
2. THE NATIONAL INSURANCE CO. LTD.,
DIVISION OFFICE: SHANKAR BUILDING,
MOSQUE ROAD, UDUPI.
REPRESENTED BY ITS
DIVISIONAL MANAGER.
...RESPONDENTS
(BY SMT.SUMAN HEGDE, ADVOCATE FOR R2;
R1 - SERVED)
2
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 18.12.2009 PASSED IN MVC NO.901/2005 ON THE FILE
OF THE PRESIDING OFFICER, FAST TRACK COURT,
KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
IN M.F.A.NO.2311/2010:
BETWEEN:
THE NATIONAL INSURANCE CO. LTD.,
REPRESENTED BY ITS
DIVISIONAL MANAGER,
DIVISIONAL OFFICE, SHANKAR BUILDING,
MOSQUE ROAD, UDUPI.
...APPELLANT
(BY SMT.SUMAN HEGDE, ADVOCATE)
AND:
1. K.RAGHAVENDRA RAO,
AGED ABOUT 31 YEARS,
R/O SULANEERU HOUSE,
YADAMOGE VILLAGE AND POST,
KUNDAPURA TALUK.
2. PURUSHOTHAMA DEVAPPA NAIK,
AGE: MAJOR,
S/O DEVAPPA VIDIYAPPA NAIK,
R/O SHIRUR VILLAGE,
ANKOLA TALUK,
U.K. DISTRICT.
...RESPONDENTS
(BY SRI.MAHESH KIRAN SHETTY, ADVOCATE FOR R1;
R2 - SERVED)
THIS MFA IS FILED UNDER SECTION 173(1) OF THE
MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD
DATED 18.12.2009 PASSED IN MVC NO.901/2005 ON THE FILE
OF THE PRESIDING OFFICER, FAST TRACK COURT,
3
KUNDAPURA, AWARDING A COMPENSATION OF RS.2,21,800/-
WITH INTEREST @ 6% P.A. ON THE AMOUNT OF RS.1,22,000/-
ONLY FROM THE DATE OF PETITION TILL REALISATION.
THESE APPEALS COMING ON FOR HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the appellant has filed an
application under Order XXIII, Rule 1 of Code of Civil
Procedure, for withdrawal of the claim petition in MVC
No.901/2005 and consequently to dissolve the award
dated 18.12.2009 passed against the respondent No.2 in
MFA No.3172/2010.
2. It is stated that the appellant has settled the
dispute outside the Court. Hence, accepting the cause, the
application is allowed. Consequently the claim petition in
MVC.901/2005 filed by the appellant herein before the Fast
Track Court and M.A.C.T, Kundapura is dismissed as
withdrawn. Resultantly, the award dated 18.12.2009
passed by the Fast Track Court and M.A.C.T., Kundapura in
MVC No.901/2005 is set aside. M.F.A. No.3172/2010 is
dismissed.
3. In view of the dismissal of appeal in MFA
No.3172/2010, the appeal filed by the insurer in MFA
No.2311/2010 challenging the Judgment and Award in
MVC No.901/2005 is allowed and the Judgment and
Award dated 18.12.2009 is set aside.
4. The amount in deposit in MFA No.2311/2010 is
ordered to be released to the appellant therein.
5. In view of the disposal of these Miscellaneous
First Appeals, the Criminal Investigation Department (CID)
is directed not to summon the Advocate Sri. Praveen
Kumar of Kundapara.
Sd/-
JUDGE
MKM
