Suresh vs Chandrakantha And Anr
2023 Latest Caselaw 9197 Kant

Karnataka High Court

Suresh vs Chandrakantha And Anr on 4 December, 2023

Author: M.G.S.Kamal

Bench: M.G.S.Kamal

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                                                    NC: 2023:KHC-K:8966
                                                       MFA No. 200879 of 2018




                            IN THE HIGH COURT OF KARNATAKA

                                     KALABURAGI BENCH

                        DATED THIS THE 4TH DAY OF DECEMBER, 2023

                                           BEFORE
                          THE HON'BLE MR. JUSTICE M.G.S.KAMAL

                    MISCL. FIRST APPEAL NO.200879 OF 2018 (MV-I)
                   BETWEEN:

                   SURESH
                   S/O VISWANATH SAJJANSHETTY,
                   AGE: 40 YEARS, OCC: LINEMAN,
                   R/O 70, KEB COLONY, SANTAPOOR,
                   TQ. AURAD, DIST. BIDAR.

                                                                  ...APPELLANT

                   (BY SRI. SANJEEV PATIL, ADVOCATE)

                   AND:

                   1.   CHANDRAKANTHA
Digitally signed        W/O KASHAPPA MULAGE,
by LUCYGRACE
                        AGE: 39 YEARS,
Location: HIGH
COURT OF                OCC: DRIVER AND AGRICULTURE,
KARNATAKA               R/O CHIKEPT, BIDAR TQ. & DIST.

                   2.   NATIONAL INSURANCE CO. LTD.,
                        2ND FLOOR, OPP: NEHARU STADIUM,
                        (SAI SCHOOL) BIDAR, BIDAR DISTRICT.

                                                              ...RESPONDENTS

                   (SRI. MOHAMMAD ABDUL QUAYUM, ADVOCATE FOR R2;
                    R1 - SERVED)
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                                  NC: 2023:KHC-K:8966
                                   MFA No. 200879 of 2018




     THIS MFA IS FILED UNDER SECTION 173 (1) OF MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 23.08.2017 PASSED BY THE LEARNED SENIOR
CIVIL JUDGE AND ADDITIONAL M.A.C.T., AURAD-B IN MVC
NO.317/2014, BY ENHANCING THE COMPENSATION AMOUNT
FROM RS.2,22,777/- TO RS.14,00,000/- AND ALSO ENHANCE
THE INTEREST PAYABLE BY THE RESPONDENTS ON THE
COMPENSATION AMOUNT AND FURTHER BE PLEASED TO
ALLOW THIS APPEAL FILED BY THE APPELLANT HEREIN.

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

                       JUDGMENT

A memo dated 31.10.2023 is filed by the learned

counsel for respondent No.2 - Insurance Company along

with copy of the order dated 03.07.2023 passed in MFA

No.200255/2018 which was filed by the respondent -

Insurance Company against the judgment and award

dated 23.08.2017 passed in MVC No.317/2014 on the file

of MACT-IX and Senior Civil Judge and JMFC, Aurad-B.

2. The said appeal was preferred by the Insurance

Company questioning the extent of liability.

3. The Co-ordinate Bench of this Court considering

the contentions urged by the Insurance Company as well

NC: 2023:KHC-K:8966

as the claimant, who was arrayed as respondent No.1

therein has re-determined the compensation, by which the

compensation that was awarded by the Tribunal in a sum

of Rs.2,22,777/- has been reduced to Rs.1,59,577/-.

4. Learned counsel for the appellant/claimant has

not disputed the position of this Court considering the

claim of both the Insurance Company as well as of the

claimant in the said order.

5. In that view of the matter, the present appeal

filed by the claimant seeking enhancement of

compensation does not survive for consideration.

Accordingly, the appeal is dismissed as having become

infructuous.

Sd/-

JUDGE

LG