Smt. Shivaleela W/O Sharanappa ... vs Reliance General Insurance ...
2023 Latest Caselaw 3736 Kant

                                      -1-
                                        NC: 2023:KHC-D:6380-DB
                                             MFA No. 102016 of 2023




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                    DATED THIS THE 27TH DAY OF JUNE, 2023

                                   BEFORE

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

            MISCELLANEOUS FIRST APPEAL NO.102016/2023(MV-D)

            BETWEEN:

            1.   SMT. SHIVALEELA W/O. SHARANAPPA TOTAD,
                 AGED ABOUT 39 YEARS, OCC:HOUSE HOLD,
                 RESIDING AT 4TH WARD KALMESHWAR NAGAR,
                 KUKANOOR, YELBURGA TALUK,
                 KOPPAL DISTRICT 583 231.

            2.   KALYAN KUMAR S/O. SHARANAPPA TOTAD,
                 AGED ABOUT 20, OCC: STUDENT,
                 RESIDING AT 4TH WARD KALMESHWAR NAGAR,
                 KUKANOOR, YELBURGA TALUK,
                 KOPPAL DISTRICT 583 231.

            3.   AKSHATA D/O. SHARANAPPA TOTAD,
                 AGED ABOUT 16, OCC: STUDENT,
                 RESIDING AT 4TH WARD KALMESHWAR NAGAR,
Digitally        KUKANOOR, YELBURGA TALUK,
signed by        KOPPAL DISTRICT 583231.
VINAYAKA
BV               (SINCE MINOR SHIVALEELA NATURAL GAURDIAN
                 RESPODENT NO.1)

            4.  SMT. IRAMMA W/O. KALLYANAPPA TOTAD,
                AGED ABOUT 89, OCC: STUDENT,
                RESIDING AT 4TH WARD KALMESHWAR NAGAR,
                KUKANOOR, YELBURGA TALUK,
                KOPPAL DISTRICT 583 231.
                                                     ...APPELLANTS
            (BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
                              -2-
                                 NC: 2023:KHC-D:6380-DB
                                      MFA No. 102016 of 2023




AND:

1.   RELIANCE GENERAL INSURANCE COMPANY LIMITED
     NO. 40, 1ST FLOOR, S.L.V. TOWER,
     PARVATHINAGAR, MAIN ROAD,
     BALLARI - 583101.

2.   DODDHANNURSWAMY S/O. VENKAPPA,
     AGED ABOUT 42 YEARS, OCC: DRVIER,
     RESIDING AT PAPINAYAKANHALLI,
     HOSPETE TALUK AND DISTRICT - 583231.

3.   BHASKAR HEDGE S/O. SHEENAPPA HEGDE,
     AGE: MAJOR,
     OCC: BUSINESS AND OWNER OF LORRY,
     R/O: 85-C, 2ND STAGE RAGHVENDRA COLONY,
     BELLARI, 583103, DIST: BELLARI 583101.
                                            ...RESPONDENTS

       THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLE ACT, 1988, READ WITH ORDER XLI RULE 33 OF CODE
OF CIVIL PROCEDURE CODE PRAYING TO, CALL FOR THE
RECORDS AND MODIFY        THE JUDGMENT AND AWARD DATED
09.09.2022 PASSED IN      M.V.C.NO.189/2019 PASSED BY THE
SENIOR    CIVIL   JUDGE    AND     MOTOR   ACCIDENT   CLAIM
TRIBUNAL, AND MEMBER, MOTOR VEHICLE ACCIDENT CLAIM
TRIBUNAL, YELBURGA, BY ENHANCING THE COMPENSATION
AND SET ASIDE THE CONTRIBUTORY NEGLIGENCE OF 25%
FASTEN ON THE DECEASED, IN THE INTEREST OF JUSTICE
AND EQUITY.


       THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                               -3-
                                  NC: 2023:KHC-D:6380-DB
                                       MFA No. 102016 of 2023




                            ORDER

Learned counsel for the appellants filed a memo

seeking conversion of the MFA into MFA.CROB.

Memo is placed on record.

Office is directed to convert the MFA into MFA.CROB.

For statistical purpose, the appeal is disposed of.

SD/-

JUDGE

RH