The New India Assurance Co. Ltd vs Smt. Lakshmi Bai
2023 Latest Caselaw 9682 Kant

Karnataka High Court

The New India Assurance Co. Ltd vs Smt. Lakshmi Bai on 7 December, 2023

                                              -1-
                                                         NC: 2023:KHC:44373
                                                     MFA No. 1395 of 2019




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 7TH DAY OF DECEMBER, 2023

                                         BEFORE
                     THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI
                MISCELLANEOUS FIRST APPEAL NO.1395 OF 2019(MV-D)
                BETWEEN:

                      THE NEW INDIA ASSURANCE CO.LTD.,
                      MOTOR THIRD PARTY CLAIMS HUB,
                      MAHALAKSHMI CHAMBERS,
                      NO.9, 2ND FLOOR, M.G. ROAD,
                      BANGALORE - 560 001,
                      RESPONDENT BY ITS MANAGER.
                                                               ...APPELLANT
                (BY SRI. RAVISHANKAR C.R., ADVOCATE)

                AND:

                1.    SMT. LAKSHMI BAI,
                      AGED ABOUT 44 YEARS,
                      W/O SRI. KEMANNA.

Digitally       2.    SRI. KEMANNA,
signed by JAI
JYOTHI J              AGED ABOUT 51 YEARS,
Location:
HIGH                  S/O SRI. GUNDAPPA.
COURT OF
KARNATAKA
                      BOTH ARE RESIDING AT NO.148,
                      AMBA MAHESWARI TEMPLE ROAD,
                      KAMAKSHIPALYA,
                      BANGALORE - 560 079.

                3.    SRI. GANGADHARA K.H.,
                      S/O SRI. HANUMAIAH,
                      R/AT NO.15,
                      KALYA GATE,
                      MAGADI TALUK,
                               -2-
                                              NC: 2023:KHC:44373
                                            MFA No. 1395 of 2019




   RAMANAGARA DISTRICT.
                                                 ...RESPONDENTS
(BY SRI. K.V. SHYAMA PRASADA, ADVOCATE FOR R1 AND R2;
    R3 - SERVED AND UNREPRESNETED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:25.08.2018              PASSED IN MVC
NO.6134/2016 ON THE FILE OF THE 2ND ADDITIONAL JUDGE
& XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU
(SCCH-13), AWARDING COMPENSATION OF RS.13,26,000/-
WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL
DEPOSIT OF THE AMOUNT IN THE TRIBUNAL.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS

DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned counsel for the Insurance Company submits

that questioning the award passed in MVC No.6134/2016

dated 25.08.2018, the claimant has filed MFA

No.9298/2018 for enhancement of the compensation and

the Insurance Company has filed MFA No.1395/2019

questioning the quantum of compensation.

2. Learned counsel for the Insurance Company

submits that by order dated 07.09.2023, MFA

NC: 2023:KHC:44373

No.9298/2018 was allowed-in-part by enhancing the

compensation. In the light of the said order, this appeal

i.e., MFA No.1395/2019 is dismissed.

i. The amount in deposit shall be forthwith

transferred to the Court below.

ii. Registry is directed to return the Trial Court

Records to the Tribunal, along with certified

copy of the order passed by this Court forthwith

without any delay.

iii. No costs.

Pending miscellaneous petitions, if any, shall stand

closed.

SD/-

JUDGE

MEG

CT:SNN