Karnataka High Court
Mrs. Kamala vs Mr. Ma Abdul Kunhi on 15 March, 2022
Bench: J.M.Khazi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS.JUSTICE J.M.KHAZI
M.F.A. No.1609/2016 (MV)
C/W
M.F.A. No.1608/2016 (MV)
IN M.F.A. No.1609/2016 (MV)
BETWEEN:
1. MR. JAYANTH
S/O SHYAM KOTIAN,
AGED ABOUT 61 YEARS,
2. MRS. PUSHPALATHA,
W/O JAYANTH
AGED ABOUT 55 YEARS,
3. MISS. PRAJETHA,
D/O JAYANTH
AGED ABOUT 28 YEARS,
ALL ARE RESIDING AT
CHOWTARA COMPOUND,
SHIVANAGARA, PANDESHWARA,
PANDESHWARA VILLAGE,
MANGALORE TALUK, D.K.DISTRICT,
PIN - 575 008
... APPELLANTS
(BY SRI. G.RAVISHANKAR SHASTRY, ADVOCATE)
AND:
1. MR. M.A.ABDUL KUNHI,
AGED ABOUT 46 YEARS,
2
R/AT H NO.11/171, 'A'-GRAHAM,
CHEMMANAD, KALNAD POST,
KASARGOD, KERALA STATE,
PIN - 670 121
2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
IV FLOOR, CRYSTAL ARCADE,
NEAR HOTEL ROOPA,
BALMATTA ROAD, MANGALORE,
D.K. DISTRICT REPRESENTED BY
ITS MANAGER
PIN - 575 001
3. MR. ABDUL SAYIRU,
S/O A.MOHAMMED,
MAJOR,
R/AT SHAMEER MANZIL,
ADKA, MANGALPADY,
BANIDYOD,
KASARGOD,
PIN - 670 324
...RESPONDENTS
(BY SRI.P.B.RAJU, ADVOCATE FOR R2;
SRI. TALEKANA RADHAKRISHNA SHETTY, ADVOCATE FOR R3;
V/O/DTD 15.03.2022, R1 DISMISSED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
31.10.2014, IN MVC NO.1369/2009 PASSED BY THE II ADDL. DJ
& MACT MANGALORE AND CLAIM PETITION BE ALLOWED AS
PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF
JUSTICE.
IN M.F.A. No.1608/2016 (MV)
BETWEEN:
1. MRS. KAMALA
W/O LATE HARISH,
AGED ABOUT 55 YEARS,
3
2. MRS.SHWETHA
S/O SACHIN,
AGED 30 YEARS,
BOTH ARE RESIDING AT SUJATHA NILAYA,
KADNETTU, BIKARNAKATTE,
MANGALORE TALUK,
D.K.DISTRICT PIN-575 019.
... APPELLANTS
(BY SRI G RAVISHANKAR SHASTRY, ADVOCATE)
AND:
1. MR. MA ABDUL KUNHI
AGED ABOUT 46 YEARS,
R/AT H NO.11/171, A GRAHAM,
CHEMMANAD, KALNAD POST,
KASARGOD, KERALA STATE
PIN-670 121
2. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
IV FLOOR, CRYSTAL ARCADE,
NEAR HOTEL ROOPA,
BALMATTA ROAD, MANGALORE,
D.K.DISTRICT
REPRESENTED BY ITS MANAGER
PIN-575 001
3. JAYANTH
S/O SHYAM KOTIAN,
AGED ABOUT 60 YEARS,
R/AT H NO.19-4-165,
CHOWTARA COMPOUND,
SHIVANAGARA, PANDESHWARA,
MANGALORE, D.K.
PIN-575 004.
4. ASHOK T AMIN
S/O TANIYAPPA,
AGED ABOUT 46 YEARS,
4
R/AT GULABI SADAN,
HIGE BAZAR,
MANGALORE TALUK,
D.K.DISTRICT,
PIN-575 007
5. NATIONAL INSURANCE CO. LTD.,
FIRST FLOOR, EMJAYS COMPLEX,
OPP: NETHRAVATHI BUILDING,
BALMATTA, MANGALORE,
D.K.DISTRICT,
REPRESENTED BY ITS
BRANCH MANAGER
PIN-575 001
6. MR.ABDUL SAYIRU
S/O A.MOHAMMED,
MAJOR,
R/AT SHAMEER MANZIL,
ADKA, MANGALPADY, BANIDYOD,
KASARGOD.
PIN - 670 324
...RESPONDENTS
(BY SRI. P.B.RAJU, ADVOCATE FOR R2;
SRI. C.M.POONACHA, ADVOCATE FOR R5;
R3 & R6 ARE SERVED & UNREPRESENTED;
V/O/DTD 15.03.2022, R1 DISMISSED;
R4 DEAD)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
31.10.2014, IN MVC NO.1367/2009 PASSED BY THE II ADDL. DJ
& MACT MANGALORE AND CLAIM PETITION BE ALLOWED AS
PRAYED FOR BY ALLOWING THIS APPEAL IN THE ENDS OF
JUSTICE.
THESE MFAs COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
5
JUDGMENT
Learned counsel for the appellant seeks time to take steps
against respondent No.1. This matter is of the year 2016.
Already sufficient time is granted. Hence, prayer is rejected. The
appeal is dismissed as against respondent No.1.
2. The Tribunal has fixed the liability on respondent
Nos.1 and 6 jointly and severally. Ultimately, it is the
responsibility of respondent No.1 and therefore, the dismissal of
appeal against respondent No.1 is having the effect of dismissal
of the appeals as against remaining respondents also.
Accordingly, the appeal as well as the connected appeal
are also dismissed.
Sd/-
JUDGE
NM
