Vijaya M Nayak vs Mr Srinivasa
2023 Latest Caselaw 3706 Kant

                                               -1-
                                                      NC: 2023:KHC:22112
                                                        MFA No. 1627 of 2017




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JUNE, 2023

                                             BEFORE

                               THE HON'BLE MR JUSTICE C M JOSHI

                        MISCELLANEOUS FIRST APPEAL NO. 1627 OF 2017 (MV-I)

                   BETWEEN:

                   VIJAYA M NAYAK,
                   S/O MUTTA NAIK,
                   AGED ABOUT 44 YEARS,
                   R/O: SATHISHA NILAYA
                   KORAVADI,
                   KUNDAPURA TALUK
                   PIN CODE-576 216.
                                                                 ...APPELLANT
                   (BY SRI SANDESH SHETTY T, ADVOCATE)

                   AND:

Digitally signed
by T S
                   1.    MR. SRINIVASA,
NAGARATHNA
                         S/O LAXMAN POOJARY,
Location: High
Court of
Karnataka
                         HOLEKEREMANA,
                         CHITHRAPADY,
                         SALIGRAMA POST,
                         KUNDAPURA TALUK
                         PIN CODE-576 226.

                   2.    ORIENTAL GENERAL INSURNCE COMPANY LTD.,
                         BRANCH OFFICE, ORIENTAL HOUSE,
                         P.B.NO.7037, A-25/27,
                         ASAF ALI ROAD,
                         NEW DELHI 110 002.
                                  -2-
                                               NC: 2023:KHC:22112
                                                 MFA No. 1627 of 2017




    REP.BY ITS MANAGER.
                                                      ...RESPONDENTS
(BY SRI R GUNASHEKAR, ADVOCATE FOR R2)



     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 28.10.2016 PASSED IN MVC
NO.889/2011 ON THE FILE OF MEMBER ADDITIONAL MACT,
UDUPI (SITTING AT KUNDAPURA) KUNDAPURA, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

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

                           JUDGMENT

Heard the learned counsel appearing for the

appellant.

2. It is submitted that the respondent No.2-

Insurance Company had filed MFA No.1472/2017

questioning the quantum of the compensation awarded by

the Tribunal. The said MFA was disposed of on 16-4-2018,

whereby, the compensation awarded by the Tribunal was

reduced. Now the present appeal is in respect of the

enhancement of the compensation to the petitioner and

therefore, the present appeal is not maintainable. In fact,

NC: 2023:KHC:22112 MFA No. 1627 of 2017

the present as well as MFA No.1472/2017 should have

been heard together. But obviously, they were not linked

together when MFA No.1472/2017 was disposed of.

Hence, the present appeal is not maintainable and as

such, the same is dismissed.

Sd/-

JUDGE

tsn*