Karnataka High Court
Jesmi K Jose vs Bajaj Allianz General Insurance on 16 November, 2023
Bench: Rajendra Badamikar
-1-
NC: 2023:KHC:40828
MFA No. 1576 of 2014
C/W MFA No. 1574 of 2014
MFA No. 1575 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO. 1576/2014 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1574/2014(MV-I)
MISCELLANEOUS FIRST APPEAL NO. 1575/2014(MV-I)
IN MFA.NO.1576/2014:
BETWEEN:
JOSE GEORGE,
S/O LATE GEORGE,
AGED ABOUT 51 YEARS,
R/AT NO.22, KALYAN NAGAR,
T. DASARAHALLI,
BANGALORE.
...APPELLANT
(BY SRI. KALYAN .R, ADVOCATE)
AND:
1. BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.,
Digitally NO.31,TBR TOERS,
signed by 1ST CROSS, NEW MISSION ROAD,
SOWMYA D NEAR BANGALORE STOCK EXCHANGE,
Location: BANGALORE-22.
High Court
of Karnataka 2. SRI PANKAJ GOEL,
S/O MAHAVEER GOEL,
AGED MAJOR,
R/AT NO.26, STAFF COLONY,
JINDAL NAGAR, 16TH KM.,
TUMKUR ROAD,
BANGALORE-73.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R1,
-2-
NC: 2023:KHC:40828
MFA No. 1576 of 2014
C/W MFA No. 1574 of 2014
MFA No. 1575 of 2014
V/O DATED:4.3.2020,APPEAL AGAINST R2 STAND DISMISSED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.11.2013 PASSED IN MVC
NO.8244/2011 ON THE FILE OF THE JUDGE, SMALL CAUSES,
AND XXVI ACMM, MACT, BANGALORE, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.
IN MFA.NO.1574/2014:
BETWEEN:
JESMI K. JOSE,
D/O JOSE GEORGE,
AGED ABOUT 17 YEARS,
R/AT NO.22, KALYAN NAGAR,
T. DASARAHALLI,
BANGALORE.
SINCE THE APPELLANT IS MINOR,
REP. BY FATHER AND NATURAL GUARDIAN,
SRI. JOSE GEORGE.
...APPELLANT
(BY SRI. KALYAN .R, ADVOCATE)
AND:
1. BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.,
NO.31,TBR TOERS,
1ST CROSS, NEW MISSION ROAD,
NEAR BANGALORE STOCK EXCHANGE,
BANGALORE-22.
2. SRI PANKAJ GOEL,
S/O MAHAVEER GOEL,
AGED MAJOR,
R/AT NO.26, STAFF COLONY,
JINDAL NAGAR, 16TH KM.,
TUMKUR ROAD,
BANGALORE-73.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R1,
-3-
NC: 2023:KHC:40828
MFA No. 1576 of 2014
C/W MFA No. 1574 of 2014
MFA No. 1575 of 2014
V/O DTD:27.7.2021,APPEAL AGAINST R2 STAND DISMISSED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.11.2013 PASSED IN MVC
NO.8246/2011 ON THE FILE OF THE JUDGE, SMALL CAUSES,
AND XXVI ACMM, MACT, BANGALORE, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.
IN MFA.NO.1575/2014:
BETWEEN:
MINI K. JOSE @ MINI K. SAM,
W/O LATE JOSE GEORGE,
AGED ABOUT 43 YEARS,
R/AT NO.22, KALYAN NAGAR,
T. DASARAHALLI,
BANGALORE-560 078.
...APPELLANT
(BY SRI. KALYAN .R, ADVOCATE)
AND:
1. BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.,
NO.31,TBR TOERS,
1ST CROSS, NEW MISSION ROAD,
NEAR BANGALORE STOCK EXCHANGE,
BANGALORE-22.
2. SRI PANKAJ GOEL,
S/O MAHAVEER GOEL,
AGED MAJOR,
R/AT NO.26, STAFF COLONY,
JINDAL NAGAR, 16TH KM.,
TUMKUR ROAD,
BANGALORE-73.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R1,
V/O DATED:18.9.19,APPEAL AGAINST R2 STANDS REJECTED)
-4-
NC: 2023:KHC:40828
MFA No. 1576 of 2014
C/W MFA No. 1574 of 2014
MFA No. 1575 of 2014
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED:19.11.2013 PASSED IN MVC
NO.8245/2011 ON THE FILE OF THE JUDGE, SMALL CAUSES,
AND XXVI ACMM, MACT, BANGALORE, DISMISSING THE CLAIM
PETITION FOR COMPENSATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appeal against respondent No.2-Owner was
dismissed by order dated 27.07.2021 itself. All along, time
was sought for filing an application for recalling the order
dated 27.07.2021 and inspite of lapse of more than two
years, no application is filed for recalling the dismissal
order as against respondent No.2. Admittedly, respondent
No.2 is the owner of the offending vehicle. If the liability
cannot be fastened on respondent No.2, the question of
fastening the liability on the insurer does not arise at all.
Hence, no grounds for admitting the matter. In view of the
same, appeals stand dismissed.
Sd/-
JUDGE
DS
