Thammanna vs Mahadevaiah
2022 Latest Caselaw 10087 Kant

                            1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 30TH DAY OF JUNE, 2022

                       BEFORE

  THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

           M.F.A.NO.7998 OF 2013 (MV-I)

BETWEEN:

THAMMANNA
@ VENKATESH H.K,
AGED ABOUT 36 YEARS,
S/O GAADI PUTTEGOWDA,
R/O HEMMANAHALLI VILLAGE,
ATHAGUR HOBLI,
MADDUR TALUK,
MANDYA DISTRICT - 571401.                  ...APPELLANT

(BY SRI THAMMANNA - APPELLANT IS ABSENT)

AND:

  1. MAHADEVAIAH,
     MAJOR,
     S/O LATE MADAPPA,
     R/O RUDRAKSHIPURA VILLAGE,
     SOMANAHALLI POST,
     MADDUR TALUK, MANDYA DISTRICT - 571401,
     (DRIVER CUM-OWNER OF H.H.PASSION PLUS NO.
     KA-11/U 1461).

  2. THE MANAGER,
     ICICI LOMBARD GENERAL INSURANCE
     (MOTOR) CO. LTD.,
     NO.89, 2ND FLOOR, MADIVALA,
     S.V.R.COMPLEX, HOSUR ROAD,
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        BANGALORE - 22,
        (PLY NO.3005/6554700/00/000
        VALID UPTO 28.02.2010).                  ...RESPONDENTS

(BY SRI B PRADEEP, ADV. FOR R2)
                           ----
      THIS M.F.A. IS FILED UNDER SECTION 173 (1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD DATED: 03.04.2013
PASSED IN MVC NO.240/2009 ON THE FILE OF THE SENIOR
CIVIL JUDGE, MACT, MADDUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

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


                          JUDGMENT

The claimant filed the claim petition seeking

compensation of Rs.4,50,000/-. The Tribunal has awarded

the compensation of Rs.12,000/- along with interest @ 6%

per annum and the liability is fastened on respondent

No.1.

2. The claimant has filed this appeal seeking

enhancement of the compensation.

3. Learned advocate for the appellant has filed a

memo seeking permission to retire from the case.

4. Memo is placed on record.

5. Learned advocate for the appellant is permitted

to retire from the case.

6. Appellant called out. None appears for the

appellant.

Appeal is dismissed for non-prosecution.

Sd/-

JUDGE

HD