Sri U S Premanand vs Sri Sheshagiri Rao
2023 Latest Caselaw 7383 Kant

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                                                     NC: 2023:KHC:38482
                                                  MFA No. 8637 of 2014




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 30TH DAY OF OCTOBER, 2023

                                        BEFORE
                      THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
                 MISCELLANEOUS FIRST APPEAL NO. 8637/2014 (MV-I)
                BETWEEN:

                SRI U S PREMANAND,
                S/O LATE U SUNDARA RAO,
                AGED ABOUT 60 YEARS,
                R/O SREE SADANA, 4TH CROSS
                GANDHINAGARA,
                MANGALORE TALUK,
                D.K-575 003.
                                                            ...APPELLANT
                (BY SRI. PUNDIKAI ISHWARA BHAT, ADVOCATE)
                AND:

                1.   SRI SHESHAGIRI RAO,
                     AGED 63 YEARS,
                     S/O LATE R G KARKERA,
                     R/AT D NO.7-12-1153,
Digitally            NEAR SULTHAN BATHERI ROAD, BALOOR,
signed by            MANGALORE TLAUK, D.K-575 003
RENUKAMBA
KG              2.  THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
Location:           103 & 404, 4TH FLOOR, CRYSTAL ARC,
High Court of       NEAR HOTEL ROOPA, BALMATTA ROAD,
Karnataka           MANGALORE, D.K 575 002,
                    REPRESENTED BY ITS MANAGER.
                                                         ...RESPONDENTS
                (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2,
                    R1 IS SERVED V/O DATED 07.09.2023)

                     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
                JUDGMENT AND AWARD DATED:1.9.2014        PASSED IN MVC
                NO.1753/2011 ON THE FILE OF THE I ADDITIONAL DISTRICT &
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                                            NC: 2023:KHC:38482
                                         MFA No. 8637 of 2014




SESSIONS JUDGE, MACT-2, D.K. MANGALORE, DISMISSING THE
CLAIM PETITION FOR COMPENSATION.

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

                           JUDGMENT

Learned counsel for the appellant called out, absent.

This appeal is against the dismissal of the claim petition

filed under Section 166 of M.V.Act.

The order of the tribunal discloses that there are lot of

discrepancies in the evidence and there is dispute regarding

involvement of the vehicle itself. Further, the allegations were

regarding collision between two vehicle but no damages were

noticed on the auto and certain corrections have been made in

the history of the hospital records.

Considering these facts, no grounds are forthcoming for

admitting the matter. Hence, the appeal stands dismissed.

Sd/-

JUDGE

SS