The New India Assurance Co. Ltd vs Smt. Susheela Devadiga
2022 Latest Caselaw 3793 Kant

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 05TH DAY OF MARCH, 2022

                        BEFORE

           THE HON'BLE MS. JUSTICE J.M.KHAZI

           M.F.A.CROB.NO.103 OF 2019 (MV)

BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD.,
KUNDAPURA BRANCH
PUSHPA MAHAL MAIN ROAD
KUNDAPURA
REPRESENTED BY MOTOR T P CLAIMS HUB
NO.9/2, MAHALAKSHMI CHAMBERS
2ND FLOOR, M G ROAD
BANGALORE-560001
REPRESENTED BY ITS MANAGER
                                    ...CROSS OBJECTOR
(BY SRI RAVISHANKAR C.R, ADV.)

AND:

1.     SMT. SUSHEELA DEVADIGA
       AGED ABOUT 44 YEARS
       W/O SRI BASAVA DEVADIGA

2.     SRI BASAVA DEVADIGA
       AGED ABOUT 49 YEARS
       S/O SRI KOOSA DEVADIGA

       RESPONDENT NOS.1 AND 2 ARE
       R/AT ALUGADDE
       KANNUKERE
       THEKKATTE VILLAGE
       KUNDAPURA TALUK
       UDUPI DISTRICT
                           2




3.   SRI SURESH POOJARY
     S/O SRI VASU POOJARY
     AGED MAJOR
     R/O DHOOMIMANE
     PREETHI NILAYA
     MANOORU, PADUKERE
     KOLATHATTU
     UDUPI TALUK
     UDUPI DISTRICT
                                     ...RESPONDENTS

    THIS M.F.A.CROB IS FILED UNDER ORDER 41 RULE
22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED
10.03.2016 PASSED IN MVC .252/2015 ON THE FILE OF
THE SENIOR CIVIL JUDGE AND MEMBER, MACT,
KUNDAPURA,      AWARDING       COMPENSATION     OF
RS.4,79,700/- WITH INTEREST AT 6 PERCENT P.A. FROM
THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

     THIS M.F.A.CROB. COMING ON FOR 'ORDERS' THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                   JUDGMENT

Learned counsel for the cross objector has filed a

memo stating that in view of the dismissal of

MFA.No.4037/2016 dated 24.06.2020 filed by the

claimants, this cross objection may also be dismissed.

2. The memo is placed on record.

3. In view of the same, this cross objection is

dismissed as not pressed.

4. The amount of Rs.25,000/- deposited by

the cross objector is ordered to be refunded to the

cross objector - insurance company.

5. In view of the dismissal of the cross

objection, pending applications, if any, do not survive

for consideration and disposed of accordingly.

Sd/-

JUDGE ssb