Nagalingappa @ Ningapa S/O ... vs Manjunath S/O Amrutavva ...
2023 Latest Caselaw 740 Kant

                                                          -1-




                                                                  MFA No. 101205 of 2015

                                   IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                       DATED THIS THE 11TH DAY OF JANUARY, 2023

                                                        BEFORE
                                       THE HON'BLE MR JUSTICE RAVI V.HOSMANI
                                 MISCELLANEOUS FIRST APPEAL NO. 101205 OF 2015 (MV-)
                            BETWEEN:

                            1.   NAGALINGAPPA @ NINGAPA S/O SHIVAPA DALAWAI
                                 AGE: MAJOR, OCC. OWNER OF TRACTOR BEARING REGN
                                 NO. MYS 7028,
                                 R/O ANNIGERI, TQ. NAVALGUND
                                 DIST. DHARWAD

                            2.   NAGALINGAPA S/O SHIVAPPA DALAWAI
                                 AGE: MAJOR, OCC. OWNER OF TRAILOR BEARING REGN
                                 NO.CNB 5952, R/O NAVALADI
                                 TQ. NAVALGUND, DIST. DHARWAD

                                                                             ...APPELLANTS
                            (BY SRI. CHANDRASHEKHAR M HOSAMANI, ADVOCATE)
                            AND:

                            1.   MANJUNATH S/O AMRUTAVVA DAVANAGERI
                                 AGE:29 YEARS, OCC. COOLIE
                                 R/O ANNIGERI, TQ. NAVALGUND
ANNAPURNA                        DIST. DHARWAD
CHINNAPPA
DANDAGAL                         RESIDING AT ADAVISOMAPUR VILLAGE
                                 TQ AND DIST. GADAG
Digitally signed by
ANNAPURNA
CHINNAPPA DANDAGAL
Location: High court of
                            2.   ARMESH S/O AMRUTAVVA DAVANAGERI
Karnataka, Dharwad
Bench, Dharwad
Date: 2023.01.17 11:02:25
                                 AGE:27 YEARS, OCC. COOLIE
-0800
                                 R/O ANNIGERI, TQ. NAVALGUND
                                 DIST. DHARWAD
                                 RESIDING AT ADAVISOMAPUR VILLAGE
                                 TQ AND DIST. GADAG

                                                                           ...RESPONDENTS
                                  THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE
                            JUDGMENT       &    AWARD     DATED:10.02.2015,    PASSED     IN
                            MVC.NO.32/2011, ON THE FILE OF THE ADDITIONAL DISTRICT AND
                            SESSIONS JUDGE, AT GADAG, AWARDING THE COMPENSATION OF
                            RS.5,70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE
                            DATE OF PETITION TILL THE DEPOSIT OF THE AMOUNT.
                                 THIS APPEAL COMING ON FOR ORDER THIS DAY, THE COURT,
                            MADE THE FOLLOWING:
                                        -2-




                                              MFA No. 101205 of 2015




                                  ORDER

Learned counsel for appellants submitted that appeal by

owner of offending vehicle was dismissed for non-compliance of

office objections on 31.10.2015 and I.A.no.1/2022 is filed for

recalling. There is delay of 1812 days in filing appeal.

Learned counsel for appellants submitted that main

matter is settled between parties and as statutory amount is

lying in this appeal, seeks for recalling order.

Being satisfied with cause shown I.A.No.1/2022 is

allowed. Order is recalled, appeal is restored.

Appellants have filed a memo for dismissal of appeal as

settled between parties.

Taking memo on record, appeal is dismissed as settled

between parties.

Amount in deposit is ordered to be refunded to

appellants.

Sd/-

JUDGE

AC