Karnataka High Court
B K Vishwanath vs Manjegouda on 16 April, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC:15090
MFA.CROB No. 1 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
MFA CROSS OBJECTION NO. 1 OF 2015 (MV-D)
BETWEEN:
B.K.VISHWANATH
S/O LATE KALEGOUDA,
AGED ABOUT 52 YEARS,
AGRICULTURE,
R/O BASAVANAHALLI KOPPAL VILLAGE,
RAMANATHPURA HOBLI,
TALUK: ARAKALGUD.
DIST: HASSAN-573 201.
...CROSS OBJECTOR
(BY SRI. SYED AKBAR PASHA., ADVOCATE FOR
SRI.MAHANTESH S.HOSMATH., ADVOCATE)
AND:
1. MANJEGOUDA
S/O LATE BASAVEGOUDA,
Digitally signed by AGED ABOUT 52 YEARS,
THEJASKUMAR N
AGRICULTURE,
Location: HIGH
COURT OF R/O BASAVANAHALLI KOPPAL VILLAGE,
KARNATAKA TALUK: ARAKALGUD, RAMNATHPURA HOBLI,
DIST: HASSAN-580 020.
2. GIRIJAMMA
W/O MANJEGOWDA,
AGED ABOUT 47 YEARS,
R/O BASAVANAHALLI KOPPAL VILLAGE,
TALUK: ARAKALGUD, RAMNATHPURA HOBLI.
PRESENT RESIDENT OF
C/O SANNAGOWRIAH,
NERALE VILLAGE, BIDARAKHA,
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NC: 2024:KHC:15090
MFA.CROB No. 1 of 2015
POST HALLY, MYSORE HOBLI,
HOLLENARSIPURA TALUK,
HASSAN DISTRICT-573 201.
3. ORIENTAL INSURANCE CO. LTD.,
BY ITS BRANCH MANAGER,
NO. 1001/56, 2ND FLOOR,
JAYALAKSHMI MANSION,
4TH BLOCK, DR.RAJKUMAR ROAD,
RAJAJINAGAR, BANGALORE-560 010.
REPRESENTED BY ITS BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
DIVISIONAL OFFICE.
C.NANJAPPA COMPLEX,
SUBHASH SQUARE,
HASSAN-573 201.
4. THIMMEGOUDA
S/O LATE THIMMEGOUDA,
AGED ABOUT 47 YEARS,
BUS DRIVER,
R/O 3219, K.S.R.T.C., BUS DRIVER,
RAMANATHPUR DEPOT,
TQ: ARAKALGUD, DIST: HASSAN-573 201.
5. DIVISIONAL MANAGER,
K.S.R.T.C., DEPOT,
RAMANATHPUR DEPOT,
TQ: ARAKALGUD,
DIST: HASSAN-573 201.
REPRESENTED BY DIVISIONAL
CONTROLLER OF K.S.R.T.C.,
HASSAN DIVISION, HASSAN.
...RESPONDENTS
(BY SRI. K.RAJASHEKARA., ADVOCATE FOR R1 & R2;
SRI. C.R.RAVISHANKAR., ADVOCATE FOR R3;
SMT.H.R.RENUKA., ADVOCATE FOR R5;
R4 - SERVED AND UNREPRESENTED)
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NC: 2024:KHC:15090
MFA.CROB No. 1 of 2015
THIS MISCELLANEOUS FIRST APPEAL CROSS OBJECTION
IS FILED UNDER ORDER XLI (41), RULE 22 OF CPC, AGAINST
THE JUDGMENT AND AWARD DATED:04.02.2013 PASSED IN
MVC NO.2105/2011 ON THE FILE OF THE PRESIDING OFFICER,
FAST TRACK COURT-II, MACT, HASSAN.
THIS MISCELLANEOUS FIRST APPEAL CROSS OBJECTION
IS COMING ON FOR DISMISSAL, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Sri.Syed Akbar Pasha., learned counsel on behalf of
Sri.Mahantesh S.Hosmath., for the cross-objector,
Sri.Rajashekara.K., learned counsel for respondents 1 & 2,
Sri.Ravishankar., learned counsel for respondent No.3 and
Smt.H.R.Renuka., learned counsel for respondent No.5 have
appeared in person.
2. Notice to the respondents was ordered on
18.01.2019. A perusal of the office note depicts that
respondent No.4 is served and unrepresented. He has neither
engaged the services of an advocate nor conducted the case as
a party in person.
3. Though the matter is listed today for dismissal, it is
heard finally.
NC: 2024:KHC:15090
4. The Tribunal awarded compensation of
Rs.6,23,200/- with 6% interest per annum from the date of
petition till the date of realization, fixing the contributory
negligence at 70% on the Insurance Company and 30% on the
rider/ owner of the motorcycle. The rider/ owner of the
motorcycle has preferred the captioned cross objection on
several grounds as set-out in the Memorandum of cross-
objection.
5. Learned counsel for the respective parties have
urged several contentions. Heard, the contentions urged on
behalf of the respective parties and perused the appeal papers
and also records with utmost care.
6. Learned counsel for the respondents jointly submits
that the claimants assailed the Judgment of the Tribunal before
this Court in MFA No.5954/2013 and the Division Bench vide
Judgment dated:01.04.2015 dismissed the appeal and
confirmed the Judgment and award of the Tribunal. Counsel
therefore, submits that in view of the Judgment passed by the
Division Bench, the MFA Cross objection may be dismissed.
NC: 2024:KHC:15090
The oral submission made by the learned counsel for the
respondents is placed on record.
The Judgement passed by the Division Bench in MFA
No.5954/2013 is kept in the file. Perused the same with utmost
care. A perusal of the same would reveal that the Division
Bench has confirmed the Judgment and award of the Tribunal
and dismissed the appeal. The rider/ owner of the motorcycle
has assailed the Judgment of the Tribunal questioning the
contributory negligence of 30%. As already noted above, the
Division Bench has confirmed the Judgment and Award of the
Tribunal. Hence, nothing survives for consideration in the Cross
objection.
7. Resultantly, the MFA Cross Objection is dismissed.
The Registry concerned is directed to transmit the
amount in deposit to the Tribunal forthwith for disbursement.
Sd/-
JUDGE
MRP
