Reliance General Insurance ... vs Smt. Renuka W/O Goudappagouda ...
2022 Latest Caselaw 5456 Kant

                          1




         IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 25TH DAY OF MARCH, 2022

                       BEFORE

     THE HON'BLE MR.JUSTICE ASHOK S. KINAGI

            MFA No.200238 OF 2014 (MV)
BETWEEN:
RELIANCE GENERAL INSURANCE CO., LTD.,
DIVISIONAL OFFICE, ASIAN PLAZA
NEAR TIMMAPURI CIRCLE, GULBARGA.
NOW REP. BY ITS AUTHORIZED OFFICER,
DEPUTY MANAGER,
RELIANCE GENERAL INSURANCE CO.. LTD.,
IIND FLOOR, V.A. KALBURGI SQUARE DESAI CROSS,
DESHPANDE NAGAR, HUBLI.
                                       ... APPELLANT
(BY SRI. C.S.KALBURGI, ADVOCATE)
AND:
1.     SMT. RENUKA,
       W/O GOUDAPPAGOUDA MALI PATIL,
       AGED ABOUT 43 YEARS,
       OCC: HOUSEHOLD,

2.     GOURISHANKAR
       S/O GOUDAPPAGOUDA MALI PATIL,
       AGED ABOUT 22 YEARS, OCC: STUDENT,

       BOTH ARE R/O MINHABAL VILLAGE,
       SEDAM TALUK,
       NOW RESIDING AT HOUSE NO.55,
       BHAVANI TEMPLE GUNJ COLONY,
       GULBARGA-585 101.
                            2




3.   BASAVARAJ,
     S/O ERANNA,
     AGED MAJOR,
     OCC: OWNER OF JEEP NO.KA-32-A-7873,
     R/O HANDARKI VILLAGE, SEDAM TALUKA,
     GULBARGA DISTRICT -585 102.
                                   ... RESPONDENTS

(BY SRI. CHAITANYAKUMAR C.M., ADV. FOR R1 & R2;
    NOTICE TO R3 SERVED)

     THIS MISCELLANEOUS FIRST          APPEAL   IS   FILED
UNDER SECTION 173(1) OF THE M.V.ACT PRAYING TO
CALL FOR THE RECORDS AND TO SET ASIDE THE
JUDGMENT AND AWARD DATED 9TH DAY OF APRIL-2013
PASSED BY THE PRL. SENIOR CIVIL JUDGE & MACT AT
GULBARGA IN MVC NO.445/2011 AND TO PASS SUCH
ORDER OR ORDERS AS THIS HON'BLE COURT DEEMS FIT
UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE,
INCLUDING THE COSTS.


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

                     JUDGMENT

This appeal is filed by the respondent

No.2/appelalnt under Section 173(1) of the Motor

Vehicles Act (for short 'the Act') challenging the

judgment and award dated 09.04.2013 passed by the

Principal Senior Civil Judge and MACT, Gulbarga (for

short hereinafter referred to as 'the Tribunal') in MVC

No.445/2011.

2. It is brought to the notice of the Court that,

the respondents No.1 and 2/claimants filed an appeal

in M.F.A.No.31422/2013, which came to be disposed

of on 28.07.2014. The said order has not been

challenged by the appellant/respondent No.2 -

Insurance Company. In view of disposal of appeal

filed by the respondents No.1 and 2/claimants,

nothing survives for consideration in this appeal.

Accordingly, appeal is disposed of.

Amount in deposit may be transmitted to the

Tribunal.

SD/-

JUDGE GRD