Karnataka High Court
Sri Manjanaika vs Thippeswamy @ Thipperudrachari on 3 June, 2022
Bench: Hanchate Sanjeevkumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.1445/2016 A/W
M.F.A.No.1442/2016,
M.F.A.Nos.663/2016 AND 664/2016 (MV)
IN MFA NO.1445/2016
BETWEEN:
SRI. MANJANAIKA,
AGED ABOUT 36 YEARS,
S/O JMLANAIKA,
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN,
CHITRADURGA DISTRICT-577 501.
... APPELLANT
(BY SRI H.V.MANJUNATHA, ADVOCATE)
AND:
1. THIPPESWAMY @
THIPPERUDRACHARI,
S/O VENKATARAMANACHARI,
AGED ABOUT 39 YEARS,
RAMANJANAPPA JEWELLERY WORKS,
R/O MAIN ROAD,
KHANAHOSAHALLI-583218,
KUDLIGI TALUK,
BELLARY DISTRICT.
2. THIPPESHA D.,
S/O DEVLANAIKA,
MAJOR, DRIVER OF TRACTOR-
2
TRAILER BEARING
REGN. NO.KA-16-TA-5212-13,
R/AT VENKATESHWARA NAGARA,
CHALLKERE TOWN-577501.
... RESPONDENTS
(BY SRI SPOORTHY HEGDE, ADVOCATE FOR R1,
R2-SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED:26.09.2015 PASSED IN MVC NO.104/2014 ON THE
FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT,
CHALLAKERE, AWARDING COMPENSATION OF
RS.2,13,336/- WITH INTEREST @ 9% P.A. FROM THE
DATE OF PETITION TILL REALIZATION AND ETC.,
IN MFA NO.1442/2016
BETWEEN:
SRI MANJANAIKA,
AGED ABOUT 36 YEARS,
S/O JMLANAIKA,
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN-577501.
...APPELLANT
(BY SRI H.V.MANJUNATHA, ADVOCATE)
AND:
1. K.VENKATESHWARACHARI,
S/O SHANMUKACHARI,
AGED ABOUT 26 YEARS,
VENKATADRI JEWELLERY WORKS,
R/O MAIN ROAD,
KHANAHOSAHALLI-583218.
KUDLIGI TALUK,
BELLARY DISTSRICT.
3
2. THIPPEHSA D.
S/O DEVLANAIKA,
MAJOR, DRIVER OF TRACTOR-
TRAILER BEARING,
REGN.NO.KA-16-TA-5212-5213,
R/AT VENKATESHWARA NAGARA,
CHALLKERE TOWN.
..REPONDENTS
(BY SRI SPOORTHY HEGDE, ADVOCATE FOR R1,
R2-SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV
ACT AGAINST THE JUDGMENT AND AWARD
DATED:26.09.2015 PASSED IN MVC NO.105/2014 ON THE
FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT,
CHALLAKERE, AWARDING COMPENSATION OF RS.90,786/-
WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION
TILL REALIZATION AND ETC.,
IN MFA NO.663/2016
BETWEEN:
THIPPESWAMY
@ THIPPERUDRACHARI,
S/O VENKATARAMANACHARI,
AGED ABOUT 40 YEARS,
RAMANJANEYA JEWELLERY WORKS,
R/O MAIN ROAD,
KHANAHOSAHALLI KUDLIGI TALUK,
BELLARY DISTRICT-583218.
...APPELLANT
(BY SRI SPOORTHY HEGDE, ADVOCATE)
AND:
1. THIPPESHA D.,
S/O DEVLANAIKA,
MAJOR, DRIVER OF TRACTOR-TRAILER,
4
BEARING REG. NO.KA-16-TA-5212-5213
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN-577522.
2. MANJANAIKIA,
S/O JAMLANAIKA,
MAJOR, OWNER OF TRACTOR-TRAILER,
BEARING REG.NO.KA-16-TA-5212-5213,
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN-577522.
..RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED
IN MVC NO.104/14 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND MACT, CHALLAKERE, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
IN MFA NO.664/2016
BETWEEN
K. VENKATESHWARACHARI,
S/O SHANMUKHACHARI,
AGED ABOUT 26 YEARS,
VENKATADRI JEWELLERY WORKS,
R/O MAIN ROAD,
KHANAHOSAHALLI,
KUDLIGI TALUK,
BELLARY DISTRICT-583218.
...APPELLANT
(BY SRI SPOORTHY HEGDE, ADVOCATE)
AND:
1. THIPPESHA D.,
S/O DEVLANAIKA,
5
MAJOR, DRIVER OF TRACTOR-TRAILER,
BEARING REG. NO.KA-16-TA-5212-5213
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN-577522.
2. MANJANAIKIA,
S/O JAMLANAIKA,
MAJOR, OWNER OF TRACTOR-TRAILER,
BEARING REG.NO.KA-16-TA-5212-5213,
R/O VENKATESHWARA NAGARA,
CHALLAKERE TOWN-577522.
..RESPONDENTS
(BY SRI H.V. MANJUNATHA, ADVOCATE FOR R2,
R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED
IN MVC NO.105/14 ON THE FILE OF THE SENIOR CIVIL
JUDGE & ADDITIONAL MACT, CHALLAKERE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION AND
ETC.,
THESE M.F.As. COMING ON FOR HEARING THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant in
MFA.Nos.1445/2016 and 1442/2016 has filed a memo
stating that the appellant and respondents herein
have settled the matters out of Court on 16.04.2021
and also produced the order sheet in Ex.Case
No.21/2016.
2. The memo is placed on record.
3. As the matters are settled between the
appellant and respondents out of Court, appeals do
not survive for consideration. Hence,
MFA.Nos.1445/2016 and 1442/2016 are disposed of.
4. The statutory amount in deposit along with
interest shall be transmitted to the Tribunal along with
TCR and copy of this order forthwith.
5. The learned counsel for the appellant in
MFA.Nos.663/2016 and 664/2016 has filed a memo to
dismiss these appeals as not pressed in view of
settlement between the parties.
6. The memo is placed on record.
7. In view of the memo, MFA.Nos.663/2016
and 664/2016 are dismissed as not pressed.
Sd/-
JUDGE
PB
