The Oriental Insurance vs Sri Rajanaik
2024 Latest Caselaw 10905 Kant

Karnataka High Court

The Oriental Insurance vs Sri Rajanaik on 22 April, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                                    -1-
                                                              NC: 2024:KHC:15808
                                                            MFA No. 5839 of 2015




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 22ND DAY OF APRIL, 2024

                                                 BEFORE
                              THE HON'BLE MS. JUSTICE JYOTI MULIMANI
                      MISCELLANEOUS FIRST APPEAL NO.5839 OF 2015(MV-I)

                      BETWEEN:
                      THE ORIENTAL INSURANCE CO. LTD.,
                      REGIONAL OFFICE,
                      NO.44/45, LEO SHOPPING COMPELX,
                      RESIDENCY ROAD CROSS,
                      BANGALORE-560 025.
                      REPRESENTED BY ITS REGIONAL MANAGER.
                                                                    ...APPELLANT
                      (BY SRI. SHANKARA REDDY.C., ADVOCATE)

                      AND:
                      1.    SRI. D.T.MAHESH
                            S/O THIMME GOWDA,
                            AGED ABOUT 34 YEARS,

                            R/AT C/O SUBRAMANYAM,
                            NO.2054, 8TH MAIN, 'E' BLOCK,
Digitally signed by         RAJAJINAGAR 2ND STAGE,
PREMCHANDRA M R
Location: HIGH
                            NEAR AMBABHAVANI TEMPLE,
COURT OF                    BANGALORE-560 010.
KARNATAKA
                      2.    SMT. N.ANITHA
                            W/O DEVEGOWDA,

                            R/AT NEAR RAMA MANDIRA,
                            GORAVANAHALLI VILLAGE AND POST,
                            MADDUR TALUK,
                            MANDYA DISTRICT-571 428.
                                                                 ...RESPONDENTS
                      (BY SRI. MAHESH SHETTY., ADVOCATE FOR R1;
                          R2-SERVED AND UNREPRESENTED)
                                 -2-
                                              NC: 2024:KHC:15808
                                            MFA No. 5839 of 2015




      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988,
AGAINST THE JUDGMENT AND AWARD DATED:17.04.2015
PASSED IN MVC NO.5325/2007 ON THE FILE OF THE XIII
ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT
OF SMALL CAUSES, BENGALURU.

      THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
                             ORDER

Sri.Shankara Reddy.C., learned counsel for the appellant

and Sri.Mahesh Shetty., learned counsel for respondent No.1

have appeared in person.

Counsel for the appellant submits that a memo has been

filed stating that the appeal may be dismissed as not pressed.

Counsel therefore, submits that the memo may be placed on

record and the appeal may be dismissed as not pressed.

When queried by the Court, counsel Sri.Shankara

Reddy.C., submits that the Insurance Company has taken a

conscious decision not to press the appeal and if an order is

passed, it shall not seek for recalling the order.

The oral submission made by learned counsel for the

appellant and the memo is placed on record.

NC: 2024:KHC:15808

The Miscellaneous First Appeal is dismissed as not

pressed.

The Registry concerned is directed to transmit the

amount in deposit to the Tribunal forthwith for disbursement.

Sd/-

JUDGE MRP