Vittal vs Ravindra Maruti Pattrut
2022 Latest Caselaw 12069 Kant

                             -1-




                                      MFA No. 24274 of 2013


IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

      DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

                            BEFORE
          THE HON'BLE MR JUSTICE H.P.SANDESH
     MISCELLANEOUS FIRST APPEAL NO. 24274 OF 2013
                             (MV)
BETWEEN:

      SRI VITTAL
      S/O. SIDRAM HASARE,
      AGE: 32 YEARS,
      OCC: AGRICULTURE,
      R/O: NILAJI,
      TQ: RAIBAG,
      DIST: BELGAUM.
                                                ...APPELLANT

               (BY SRI. K.H. BAGI, ADVOCATE)

AND:

1.    SRI RAVINDRA MARUTI PATTRUT
      AGE: 40 YEARS, OCC: BUSINESS,
      R/O: CHINCHALI, TQ: RAIBAG,
      DIST:BELGAUM.

2.    THE NEW INDIA ASSURANCE CO.LTD.,
      THROUGH ITS DIVISIONAL MANAGER,
      CLUB ROAD, BELGAUM.
                                            ...RESPONDENTS

          (BY SRI. G.N. RAICHUR, ADVOCATE FOR R2;
                         R1 SERVED)

    THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988,
AGINST THE JUDGMENT AND AWARD DATED 28.12.2011
PASSED IN M.V.C.NO.381/2006 ON THE FILE OF THE FAST
TRACK COURT-II AND ADDITIONAL MACT, BELGAUM,
                                -2-




                                           MFA No. 24274 of 2013


DISMISSING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

     THIS APPEAL COMING ON FOR FINAL HEARING THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:

                           JUDGMENT

Heard the learned counsel for the appellant and

learned counsel for the respondents.

2. This Court, in M.F.A.No.20955/2013 set aside

the judgment and award passed in M.V.C.No.383/2006

and common judgment was passed in

M.V.C.Nos.381/2006 and 383/2006. When this Court has

already remanded the matter to consider the connected

matter afresh and in view of the observations made in

M.F.A.No.20955/2013, the judgment and award passed in

M.V.C.No.381/2006 is also set aside and matter is

remitted to the Tribunal to consider the same afresh.

3. The parties are directed to appear before the

Tribunal on the date fixed in M.V.C.No.383/2006 and no

MFA No. 24274 of 2013

separate notice will be issued to the parties herein and the

matters have to be adjudicated together.

Accordingly, the appeal is disposed of.

Sd/-

JUDGE

ST