Shri.Veerangouda S/O ... vs Kumari.Janakavva @ Savatri D/O ...
2023 Latest Caselaw 3697 Kant

                                         -1-
                                                   NC: 2023:KHC-D:6304
                                               MFA No. 100174 of 2016
                                      C/W MFA.CROB No. 100114 of 2016



                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 26TH DAY OF JUNE, 2023

                                       BEFORE

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

                 MISCELLANEOUS FIRST APPEAL NO. 100174/2016 C/W
                       MFA CROSS OBJ NO. 100114/2016 (MV)

            IN M.F.A.NO.100174/2016:

            BETWEEN:

            SHRI VEERANGOUDA
            S/O. SHIVANGOUDA HONNAPPAGOUDRA,
            AGE:44 YEARS, OCC:CONTRACTOR,
            OWNER OF KA-25/M-8223
            R/O:MANDALGERI, TQ:YALABURGA,
            DIST:KOPPAL - 583 236.
                                                             ...APPELLANT
            (BY SRI N. P. VIVEK MEHTA, ADVOCATE)

            AND:

            1.    KUMARI.JANAKAVVA @ SAVATRI,
                  D/O SOMAPPA KANAKAPUR,
                  AGE:11 YEARS, OCC:STUDENT,
Digitally         SINCE MINOR THROUGH HER GUARDIAN
signed by
ROHAN
HADIMANI          SMT.HAMPAMMA W/O. SOMAPPA KANAKAPUR
T                 AGE:32 YEARS, OCC:COOLIE,
                  R/O:KAKKIHALLI TANDA, TQ:YALABURGA,
                  DIST:KOPPAL - 583 236.

            2.   DEVENDRAPPA W/O. SHIVAPPA DALWAI,
                 AGE:34 YEARS, OCC:DRIVER OF KA-25/M -8223,
                 R/O:MANDALGERI, TQ:YELABURGA,
                 DIST:KOPPAL - 583 236.
                                                          ...RESPONDENTS
            (BY SRI D.V. PATTAR, ADVOCATE FOR R1;
            NOTICE TO R2 IS SERVED)
                              -2-
                                   NC: 2023:KHC-D:6304
                                   MFA No. 100174 of 2016
                          C/W MFA.CROB No. 100114 of 2016



      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT 1988, AGAINST THE JUDGMENT & AWARD DATED
11.11.2015, PASSED IN MVC.NO.23/2010 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIMS
TRIBUNAL AT YALABURGA & ETC.

IN M.F.A. CROB.NO.100114/2016:

BETWEEN:

1.   KUMARI.JANAKAVVA @ SAVATRI,
     D/O SOMAPPA KANAKAPUR,
     AGE:11 YEARS, OCC:STUDENT,
     SINCE MINOR THROUGH HER GUARDIAN

     SMT.HAMPAMMA W/O. SOMAPPA KANAKAPUR,
     AGE:32 YEARS, OCC:COOLIE,
     R/O:KAKKIHALLI TANDA, TQ:YALABURGA,
     DIST:KOPPAL, PIN-583 236.

                                          ...CROSS OBJECTOR
(BY SRI D.V. PATTAR, ADVOCATE)

AND:

1.   SHRI VEERANAGOUDA,
     S/O. SIVANGOUDA HONNAPPAGOUDRA,
     AGE: 44 YEARS, OCC: CONTRACTOR,
     OWNER OF KA-25/M-8223, R/O: MANDAIGERI,
     TQ: YELBURGA, DIST: KOPPAL.

2.   DEVENDRAPPA W/O. SHIVAPPA DALWAI,
     AGE:34 YEARS, OCC:DRIVER OF KA-25/M -8229,
     R/O:MANDALGERI, TQ:YELABURGA,
     DIST:KOPPAL - 583 236.
                                              ...RESPONDENTS
(BY SRI N.P. VIVEKMEHTA, ADVOCATE FOR R1)

      THIS MFA CROSS OBJECTION IS FILED UNDER ORDER 41
RULE 22 CPC., AGAINST THE JUDGMENT AND AWARD DATED
11.11.2015 PASSED IN MVC.NO.23/2010, ON THE FILE OF THE
SENIOR CIVIL JUDGE AND ADDITIONAL MOTOR ACCIDENT CLAIM
TRIBUNAL YALBURGA & ETC.
                                -3-
                                         NC: 2023:KHC-D:6304
                                     MFA No. 100174 of 2016
                            C/W MFA.CROB No. 100114 of 2016



     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                             ORDER

Learned counsel for the respondent No.1 and also the

cross objector submits that the claimant has filed Execution

Case No. 3/2016 before the Tribunal executing the impugned

award. However, the parties have entered into compromise

after settling the dispute amicably. They have also filed

compromise petition before the executing Court. Hence, the

appeal and the cross objection do not survive for consideration.

Submission is placed on record.

Appeal and the cross objection are dismissed as not

pressed.

Amount in deposit is ordered to be transmitted to the

Tribunal forthwith.

SD/-

JUDGE BVV