Sidram @ Raju vs Sunil Tanaji Javir And Anr
2024 Latest Caselaw 9627 Kant

Karnataka High Court

Sidram @ Raju vs Sunil Tanaji Javir And Anr on 2 April, 2024

                                        -1-
                                               NC: 2024:KHC-K:2749
                                                MFA No. 200964 of 2022




                        IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                      DATED THIS THE 2ND DAY OF APRIL, 2024

                                      BEFORE

                  THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                  MISCL. FIRST APPEAL NO.200964 OF 2022 (MV-I)

             BETWEEN:

                  SIDRAM @ RAJU
                  S/O CHANABASAPPA DEGINAL,
                  AGE: 23 YEARS,
                  OCC: PRIVATE SERVICE,
                  R/O DONUR,
                  TQ: BASAVANA BAGEWADI,
                  DIST: VIJAYAPURA-586 203.

                                                           ...APPELLANT
             (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE)

             AND:

Digitally    1.   SUNIL TANAJI JAVIR,
signed by
SACHIN            AGE: 32 YEARS, OCC: BUSINESS,
Location:
HIGH COURT
                  R/O ALIYABAD, CHAVAN DADDI,
OF                TQ. & DIST: VIJAYAPURA-586 103.
KARNATAKA

             2.   THE MANAGER,
                  THE ORIENTAL INSURANCE CO. LTD.,
                  1ST FLOOR, BIDARI COMPLEX,
                  S.S.FRONT ROAD,
                  VIJAYAPURA-586 101.

                                                       ...RESPONDENTS
             (SRI SUDARSHAN M., ADVOCATE FOR R-2;
             NOTICE TO R-1 SERVED)
                                 -2-
                                      NC: 2024:KHC-K:2749
                                       MFA No. 200964 of 2022




      THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR
VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND
AWARD DATED 18.01.2022 PASSED IN MVC NO.1011/2019 ON
THE FILE OF THE COURT OF THE                           IV
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER
MOTOR ACCIDENT CLAIMS TRIBUNAL NO.XIII VIJAYAPURA AT
VIJAYAPURA AND ALLOW THE APPEAL TO GRANT THE
COMPENSATION AMOUNT BY RS.10,56,040/- ONLY AS CLAIMED
BY THE APPELLANT BEFORE THIS COURT; FIXING THE LIABILITY
TO THE RESPONDENT NO.1 MAY BE MODIFIED AND FIXED THE
LIABILITUY TO THE RESPONDENT NO.2 I.E., INSURANCE
COMPANY TO PAY THE COMPENSATION AND SUBSEQUENTLY
RECOVERY FROM THE OWNER OF THE VEHICLE; ORDER FOR
COSTS OF THIS APPEAL.

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

Memo, seeking permission to withdraw the appeal is

on record.

2. Sri Bapugouda Siddappa, learned counsel for

the appellant submits that as the matter is settled out of

the Court, the appeal has become infructuous.

3. Recording the submission thus made, the

appeal is dismissed without costs.

Sd/-

JUDGE LG