Basamma And Ors vs Ravindrasa And Anr
2024 Latest Caselaw 3268 Kant

Karnataka High Court

Basamma And Ors vs Ravindrasa And Anr on 2 February, 2024

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

                                             -1-
                                                 NC: 2024:KHC-K:1218-DB
                                                     MFA No. 201488 of 2022




                              IN THE HIGH COURT OF KARNATAKA,

                                     KALABURAGI BENCH

                          DATED THIS THE 2ND DAY OF FEBRUARY, 2024

                                           PRESENT

                         THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                             AND
                        THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                        MISCL. FIRST APPEAL NO. 201488 OF 2022 (MV-D)

                   BETWEEN:

                   1.   BASAMMA W/O HUCHESH @
                        HUCHAPPA GANIGER,
                        AGE: 34 YEARS,
                        OCC: H.H.WORK,

                   2.   BASAVARAJ @ BASAVANT
                        S/O HUCHAPPA GANIGER,
                        AGE: 15 YEARS,
                        M/G BY APPELLANT NO.1,

                   3.   SMITA D/O HUCHAPPA GANIGER,
Digitally signed        AGE: 12 YEARS,
by RAMESH
MATHAPATI               M/G BY APPELLANT NO.1,
Location: HIGH
COURT OF
KARNATAKA          4.   HANAMANT
                        S/O HUCHAPPA GANIGER,
                        AGE: 09 YEARS,
                        M/G BY APPELLANT NO.1

                        ALL ARE R/O CHITTARAGI,
                        TALUK: HUNAGOUND,
                        DISTRICT: BAGALKOT-587112.

                                                           ...APPELLANTS
                   (BY SRI. SANGANAGOUDA V. BIRADAR, ADVOCATE)
                            -2-
                             NC: 2024:KHC-K:1218-DB
                                  MFA No. 201488 of 2022




AND:

1.   RAVINDRASA
     S/O ARJUNSA SHINGARI,
     AGE:. 43 YEARS,
     OCC: BUSINESS,
     R/O SADASHIV NAGARAM,
     HUBBALLI,
     DISTRICT: DHARWARD-580021.

2.   THE BRANCH MANAGER,
     UNITED INDIA INSURANCE CO. LTD.,
     1ST FLOOR,
     SANGAMA BUILDING,
     S.S.FRONT ROAD,
     VIJAYAPURA-586101.

                                         ...RESPONDENTS

(BY SMT.PREETI PATIL MELKUNDI, ADVOCATE FOR R2;
    NOTICE TO R1 DISPENSED WITH)


       THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,

PRAYING TO ALLOW THIS APPEAL AND ENHANCE THE

COMPENSATION AS CLAIMED IN THE CLAIM PETITION BY

MODIFYING THE JUDGMENT AND AWARD DATED 04.09.2021

PASSED BY THE COURT OF IV ADDL. DISTRICT AND SESSIONS

JUDGE AND MEMBER, MACT - XIII, AT VIJAYAPURA, IN MVC

NO. 526/2018, IN THE INTEREST OF JUSTICE AND EQUITY.



       THIS APPEAL, COMING ON FOR FINAL DISPOSAL, THIS
DAY, B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
                               -3-
                                 NC: 2024:KHC-K:1218-DB
                                     MFA No. 201488 of 2022




                         JUDGMENT

This appeal is filed impugning the judgment and award

dated 04.09.2021 in MVC No.526/2018 on the file of the

MACT-XIII, VIjayapura.

Sri.Sanganagouda V.Biradar, the learned counsel for

the appellants, submits that due to an inadvertent error and

certain circumstances two appeals are filed including this

appeal as against the impugned judgment and award, and

because the other appeal in MFA No.201345/2022 is

disposed of on 06.12.2023, the appellants may be granted

leave to withdraw this appeal.

In the circumstances pleaded, the appeal stands

dismissed as withdrawn.

The registry is directed to send back the trial Court

records to the trial Court.

Sd/-

JUDGE

Sd/-

JUDGE MSR

CT: CS