Sri. M Ajjappa S/O Gidda Mallaiah vs Shri. Mohammed Shahrukh
2023 Latest Caselaw 3520 Kant

                                         -1-
                                            MFA.CROB No. 100021 of 2023




                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 20TH DAY OF JUNE, 2023

                                       BEFORE

                         THE HON'BLE MRS. JUSTICE M.G.UMA

                   M.F.A. CROSS OBJECTION NO.100021/2023 (MV)

            BETWEEN:

            1.   SRI M. AJJAPPA S/O. GIDDA MALLAIAH,
                 AGED ABOUT 51 YEARS,
                 OCC: LABOUR (FATHER OF DECEASED).

            2.   SMT. THIPPAMMA THIPPAKKA,
                 W/O. M. AJJAPPA,
                 AGED ABOUT 43 YEARS,
                 OCC: LABOUR (MOTHER OF DECEASED).

            3.   G A SHILPA D/O. M. AJJAPPA,
                 AGED ABOUT 26 YEARS,
                 OCC: LABOUR (SISTER OF DECEASED).

            4.   MINOR KARTHIK, S/O. M. AJJAPPA,
                 AGED ABOUT 15 YEARS, OCC: STUDENT,
                 SINCE MINOR REPRESENTED BY HIS FATHER
                 AND NATURAL GUARDIAN M. AJJAPPA
                 S/O. GIDDA MALLAIAH.
Digitally
signed by
ROHAN
HADIMANI    ALL ARE R/O. HIREHALLI VILLAGE,
T           CHALLAKERE TALUK,
            PRESENTLY R/O. KOLAGALLU VILLAGE,
            BALLARI TALUK AND DISTRICT -583101.
                                                       ...CROSS OBJECTORS
            (BY SRI Y. LAKSHMIKANT REDDY, ADVOCATE)

            AND:

            1.   SRI MOHAMMED SHAHRUKH,
                 S/O. MOHAMMED JANIF,
                 AGED ABOUT 28 YEARS,
                 DRIVER OFTHE LORRY BEARING
                 REGN NO. KA-01/AE-8302,
                 R/O: KARVAYI VILLAGE,
                               -2-
                                 MFA.CROB No. 100021 of 2023




       SARAYIRAJA POST, U P,
       NOW R/O AT GLOBAL PRIVATE CARRIER,
       N.H. 63 BALLARI- HOSAPETE MAIN ROAD,
       KUREKUPPA VILLAGE, NEAR THORANGALLU
       STATION, HOSAPETE TALUK,
       BALLARI DISTRICT - 583 101.

2.     SRI SACHIN BANSAL,
       S/O. ASHOK KUMAR,
       AGED ABOUT 48 YEARS,
       OWNER OF THE LORRY BEARING
       REGN NO. KA-01/AE-8302,
       R/O NO. 107, 4TH CROSS, KPN EXTENSION,
       BENGALURU-560002,
       NOW R/O AT GLOBAL PRIVATE CARRIER,
       N H 63 BALLARI- HOSAPETE MAIN ROAD,
       KUREKUPPA VILLAGE, NEAR THORANGALLU
       STATION, HOSAPETE TALUK,
       BALLARI DISTRICT - 583 101.

3.     THE DIVISIONAL MANAGER,
       M/S. NEW INDIA ASSURANCE COMPANY LTD.,
       EDIGA HOSTEL COMPLEX CORT ROAD,
       BALLARI-583101.
       (VIDE POLICY NO. 46060031170100004930).
       (VALID FROM 12.10.2017 TO 11.10.2018).
                                                  ...RESPONDENTS

        THIS M.F.A. CROB IS FILED UNDER ORDER 41 RULE 22 OF
CPC., R/W SECTION 173(1) OF M.V..ACT, 1988, AGAINST THE
JUDGMENT AND AWARD DATED 04-08-2021 PASSED IN MVC
NO.899/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT BALLAR, MEMBER, MOTOR ACCIDENT CLAIMS
TRIBUNAL-XII    PARTLY   ALLOWING   THE   CLAIM   PETITION   FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION &
ETC.


        THIS M.F.A. CROSS OBJECTION, COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
                                      -3-
                                       MFA.CROB No. 100021 of 2023




                                 ORDER

Learned counsel for the cross objectors has filed a memo

seeking permission to withdraw the cross objections.

Memo is placed on record.

The present M.F.A. Cross objection is dismissed as withdrawn.

SD/-

JUDGE BVV