Lakshman Puda Sutar vs L & T General Insurance Co. Ltd
2022 Latest Caselaw 8297 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 07TH DAY OF JUNE, 2022

                        PRESENT

          THE HON'BLE MR. JUSTICE B. VEERAPPA

                          AND

         THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA

     MISCELLANEOUS FIRST APPEAL No.7206/2015 (MV-D)


BETWEEN:

1.      LAKSHMAN PUDA SUTAR,
        S/O PUDA SUTAR,
        AGED ABOUT 53 YEARS.

2.      SMT. SUTAR SAGARABAI,
        W/O LAKSHMAN PUDA SUTAR,
        AGED ABOUT 49 YEARS.

3.      SUNIL LAKSHMAN SUTAR,
        S/O LAKSHMAN SUTAR,
        AGED ABOUT 19 YEARS.

        ALL ARE R/AT KODALI VILLAGE,
        AND POST, UDAGIRI SUTAR,
        LATHOR DISTRICT,
        MAHARASTRA STATE.
                                         ...APPELLANTS

(BY SRI RAJASHEKAR K., ADVOCATE)
                         -2-


AND:

1.     L&T GENERAL INSURANCE
       COMPANY LTD.,
       OFFICE AT SHUBAM BUILDING,
       1ST FLOOR, MAGRATH ROAD,
       BANGALORE - 560 025.

2.     BALAJI GOVIND SURYAVANSHI,
       S/O GOVIND SURYAVANSHI,
       AGED ABOUT 44 YEARS,
       R/AT 373, MIDC,
       SHRMIK NAGAR,
       KOPARKHAIRANCE,
       HANUMAN TEMPLE,
       NAVI MUMBAI,
       THANE,
       MAHARASTRA - 400 705.
                                    ...RESPONDENTS

(BY SRI RAVI S. SAMPRATHI, ADVOCATE FOR R1;
VIDE ORDER DATED 06.11.2015 NOTICE TO R2
DISPENDSED WITH)

                        ****

     THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 27.06.2015, PASSED IN
MVC NO.1282/2014, ON THE FILE OF THE II ADDITIONAL
SENIOR CIVIL JUDGE, MACT, TUMKUR, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON
FOR ADMISSION, THIS DAY, B.VEERAPPA J., DELIVERED
THE FOLLOWING:
                               -3-


                      JUDGMENT

The present Miscellaneous First Appeal is filed by the

claimants against the impugned judgment and award

dated 27.06.2015 passed in MVC No.1282/2014 on the II

Additional Senior Civil Judge and MACT, Tumkur

(hereinafter referred to as 'the Tribunal' for short) seeking

enhancement of compensation.

2. As stated before this Court by Sri. Ravi S.

Samprathi, learned counsel for respondent No.1 against

the impugned judgment and award dated 27.06.2015,

MVC Mis. No.5/2015 was filed, wherein the judgment and

award dated 27.06.2015 passed by the Tribunal in MVC

No.1282/2014 has been set aside and the matter has

restored to original file by order dated 28.08.2017. The

learned counsel for the respondent No.1 filed memo along

with certified copy of the order in Mis. No.5/2015 on the

file of the Second Additional Senior Civil Judge and JMFC at

Tumkuru.

3. The said memo is placed on record.

4. In view of the above, the present appeal would

not survive for consideration as rightly contended by

respondent No.1 and same is not disputed by the learned

counsel for the appellants.

5. In view of the above, the appeal is dismissed

as having become infructuous.

Sd/-

JUDGE

Sd/-

JUDGE

MBM