Shivaleela W/O. Bhimagouda Patil vs The Project Manager
2022 Latest Caselaw 12319 Kant

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                                                        MFA No. 20952 of 2013




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD
                                               BENCH

                           DATED THIS THE 11TH DAY OF OCTOBER, 2022

                                              PRESENT
                           THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                AND
                             THE HON'BLE MR JUSTICE UMESH M ADIGA
                                  MFA NO. 20952 OF 2013 (MV-I)

                      BETWEEN:

                           SHIVALEELA W/O. BHIMAGOUDA PATIL
                           AGE: 39 YEARS, OCC: HOUSEHOLD WORK,
                           R/O. NIDASOSHI, TQ: HUKKERI, DIST: BELAGAVI


                                                                   ...APPELLANT

                      (BY SRI. SANGRAM S KULKARNI, ADVOCATE)

                      AND:


                      1.    THE PROJECT MANAGER
                            KARNATAKA STATE, HIGHWAY IMPROVEMENT
                            PROJECT, K.R. CIRCLE, PWD BUILDING,
                            1ST FLOOR, BANGALORE

                      2.    ROMAN TARMAT LTD.,
MOHANKUMAR
B SHELAR
                            TARMAT CHAMBERS, SECTOR NO. 24,
Digitally signed by




                            PLOT NO. 19, SAMPADA,
MOHANKUMAR B
SHELAR
Date: 2022.10.17
10:44:42 +0530




                            NEAR TURBHE FLYOVER,
                            -2-




                                  MFA No. 20952 of 2013


     NAVI MUMBAI-400 705

3.   BHARAT S/O BHIMAGOUDA PATIL
     AGE: 23 YEARS, OCC STUDENT,
     R/O.NIDASOSHI, TQ HUKKERI,
     DIST BELAGAVI.

4.   VINAYAK S/O BHIMAGOUDA PATIL
     AGE: 23 YEARS, OCC:STUDENT,
     R/O.NIDASOSHI, TQ HUKKERI,
     DIST BELAGAVI.

                                          ...RESPONDENTS

(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1)

(R2 TO R4 ARE SERVED)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,

PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED

26.09.2012 PASSED BY THE I ADDL. SENIOR CIVIL JUDGE AND

MOTOR ACCIDENT CLAIMS TRIBUNAL, BELAGAVI IN MVC

NO.1293/2010 AND ALLOWING THIS APPEAL DIRECT THE

RESPONDNET    NO.1   AND   RESPONDENT     NO.2   TO   PAY

REASONABLE COMPENSATION TO THE PETITIONER, IN THE

INTEREST OF JUSTICE AND EQUITY.

      THIS APPEAL COMING ON FOR HEARING, THIS DAY THE

S. SUNIL DUTT YADAV J., MADE THE FOLLOWING:-
                              -3-




                                     MFA No. 20952 of 2013




                             ORDER

Learned counsel for the appellant files a memo

seeking to withdraw the appeal while reserving liberty to

approach Civil Court and redress her grievances in

accordance with law.

2. Further, request is also made for exclusion of time

spent before the Tribunal as well as before this Court so as

to prevent her case being thrown out on the ground of

limitation.

3. After hearing the matter for some time and taking note

of the peculiar facts of this case, the appellant is permitted

to withdraw the appeal reserving liberty to approach

appropriate forum and redress her grievances. Time spent

during disposal of this appeal as well as before the

Tribunal is to be excluded as time spent bonafidely before

a wrong forum, taking note that proceedings before the

MFA No. 20952 of 2013

Tribunal are summary in nature and would not be a proper

forum insofar as grievances of the appellant is concerned.

Accordingly, appeal is disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

HMB