Govinde Gowda vs The Manager
2023 Latest Caselaw 6156 Kant

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                                                        NC: 2023:KHC:31023
                                                      MFA No. 8061 of 2018




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 30TH DAY OF AUGUST, 2023

                                           BEFORE
                      THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
                 MISCELLANEOUS FIRST APPEAL NO. 8061 OF 2018 (MV)
                 BETWEEN:

                 GOVINDE GOWDA
                 S/O ANNE GOWDA
                 AGED ABOUT 45 YEARS
                 R/A ARALIKATTE, KATTAYA HOBLI
                 HASSAN TALUK & DISTRICT - 573201
                                                              ...APPELLANT
                 (BY SRI MADHU M T, ADVOCATE FOR
                 SRI. GIRISH B BALADARE .,ADVOCATE)
                 AND:

                 1.    THE MANAGER
                       RELIANCE INSURANCE CO LTD
                       1ST FLOOR, KRUTHIKA ARCADE
                       N R CIRCLE, HASSAN - 573201.
Digitally signed
by               2.    JAYANTH KUMAR N R
DHANALAKSHMI
MURTHY                 S/O RANGEGOWDA
Location: High         AGED ABOUT 31 YEARS
Court of               R/O NARIHALLY KOPPALU VILLAGE
Karnataka              KASABA HOBLI, HASSAN DISTRICT - 573201.
                                                           ...RESPONDENTS
                 (BY SRI. H S LINGARAJU.,ADVOCATE FOR R1:
                 NOTICE TO R2 IS DISPENSED WITH
                 V/O DATED: 04.12.2018)
                        THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
                 AGAINST THE JUDGMENT AND AWARD DATED:10.04.2018
                 PASSED IN MVC NO.477/2017 ON THE FILE OF THE III
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                                                  NC: 2023:KHC:31023
                                               MFA No. 8061 of 2018




ADDITIONAL DISTRICT JUDGE & MACT, HASSAN,                     PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING    ENHANCEMENT       OF         COMPENSATION.BARRED         BY
TIME.C.F. SUFFICIENT.

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

                           JUDGMENT

1. This appeal under Section 173(1) of Motor Vehicles

Act, 1988 (hereinafter referred to as 'the Act') has been

filed by the claimant being aggrieved by the judgment

dated 10.4.2018 passed by MACT, Hassan in MVC

No.477/2017.

2. The learned counsel for the parties submits that

challenging the very same judgment and award of the

Tribunal, the insurer had filed MFA No.9452/2018 before

this Court. This Court by judgment dated 24.3.2023 has

partly allowed the said appeal by reducing the

compensation awarded by the Tribunal. Hence, the

present appeal may be disposed of in terms of the

judgment passed by this Court in MFA No.9452/2018.

NC: 2023:KHC:31023 MFA No. 8061 of 2018

3. The submission of the learned counsel for the parties

is placed on record.

4. Accordingly, the appeal is disposed of in terms of the

judgment dated 24.3.2023 passed by this Court in MFA

No.9452/2018.

Sd/-

JUDGE

DM