The Manager, Cholamandalam Ms General ... vs Narasappa
2024 Latest Caselaw 3127 Kant

Karnataka High Court

The Manager, Cholamandalam Ms General ... vs Narasappa on 1 February, 2024

                                             -1-
                                                   NC: 2024:KHC-K:1222
                                                    MFA No. 202384 of 2023




                            IN THE HIGH COURT OF KARNATAKA

                                    KALABURAGI BENCH

                          DATED THIS THE 1ST DAY OF FEBRUARY, 2024

                                          BEFORE

                    THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI

                          MISCL. FIRST APPEAL NO.202384/2023 (MV-I)

                   BETWEEN:

                   THE MANAGER,
                   THE CHOLAMANDALAM M.S. GENERAL
                   INSURANCE CO., LTD.,
                   BLOCK NO.VIII, NEAR S.V. PATEL,
                   ASIAN PLAZA COMPLEX,
                   KALABURAGI.
                   NOW REPRESENTED BY ITS MANAGER,
                   THE CHOLAMANDALAM M.S. GENERAL
                   INSURANCE CO., LTD.,
                   UNIT NO. 4, 9TH FLOOR, LEVEL 06,
Digitally signed   GOLDEN HEIGHTS COMPLEX, 59TH C CROSS,
by KHAJAAMEEN      INDUSTRIAL SUBURB RAJAJI NAGAR, 4TH MAIN,
L MALAGHAN
Location: High
                   BANGALORE.
Court of           (REPRESENTED THROUGH HUBLI)
Karnataka
                                                          ...APPELLANT
                   (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE)


                   AND:


                   1.   NARASAPPA S/O CHINNAYYA GAJJEL,
                        AGE: ABOUT 60 YEARS,
                        OCC: AGRI AND COOLIE,
                           -2-
                                NC: 2024:KHC-K:1222
                                 MFA No. 202384 of 2023




     R/O. IMLAPUR,
     TQ. AND DIST. YADGIRI-585201.

2.   NARASAPPA S/O BHIMAPPA
     AGE: ABOUT 28 YEARS,
     OCC: OWNER OF VEHICLE,
     R/O. IMLAPUR,
     TQ. AND DIST. YADGIRI-585201.
                                       ...RESPONDENTS

(BY SRI SHARANAPPA K. BABSHETTY ADV., FOR R1)


    THIS MFA IS FILED UNDER SECTION 173(1) OF MV
ACT, PRAYING TO ALLOW THE ABOVE MISC. FIRST
APPEAL AND CONSEQUENTLY TO SET ASIDE THE
JUDGMENT AND AWARD DATED 13.06.2022 PASSED BY
THE COURT OF THE MACT-II AT YADGIRI IN MVC
NO.170/2018, AND TO DISCHARGE ITS LIABILITY TO PAY
THE COMPENSATION AND TO REDUCE COMPENSATION
AWARDED BY THE TRIBUNAL.

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


                      JUDGMENT

This is an appeal filed by the Insurance Company.

The amount of compensation awarded by the Tribunal is

Rs.50,000/-. As per the amendment to Section 173 of

M.V. Act, when the amount of compensation is less than

Rs.1,00,000/- the appeal is not maintainable. Hence,

NC: 2024:KHC-K:1222

office has raised objections on maintainability. In the light

of the amendment to Section 173 of M.V. Act, the appeal

is not maintainable.

2. Learned counsel for the appellant-Insurance

Company also do not dispute the fact that under Section

173 of M.V. Act as per the new amendment an appeal is

not maintainable, where the compensation is less than

Rs.1,00,000/-. The office objections are sustained. The

appeal is dismissed as not maintainable.

3. The amount in deposit shall be forthwith

transferred to the Tribunal.

Sd/-

JUDGE

SBS