Karnataka High Court
The Divisional Controller Nekrtc vs Mallamma W/O Manasayya Gyanappanawar on 15 February, 2024
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NC: 2024:KHC-K:1553
MFA No. 201480 of 2023
C/W MFA No. 200692 of 2023
MFA No. 202799 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI
MISCL. FIRST APPEAL NO.201480 OF 2023 (MV-I)
C/W
MISCL. FIRST APPEAL NO.200692 OF 2023 (MV-I)
MISCL. FIRST APPEAL NO.202799 OF 2023 (MV-I)
IN MFA NO.201480/2023:-
BETWEEN:
THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR BUS BEARING
NO. KA-36/F-816, MASKI DEPOT,
RAICHUR DIVISION,
(NOW REPRESENTED BY CHIEF LAW OFFICER,
Digitally signed CENTRAL OFFICE, KALABURAGI)
by KHAJAAMEEN ...APPELLANT
L MALAGHAN
Location: High (BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
Court of
Karnataka
AND:
MALLAMMA
W/O MANASAYYA GYANAPPANAWAR,
AGE: 64 YEARS, OCC: COOLIE,
R/O. MEGALAPET MUDGAL,
TQ. LINGAUSGUR, DIST: RAICHUR-586101.
...RESPONDENT
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MFA No. 201480 of 2023
C/W MFA No. 200692 of 2023
MFA No. 202799 of 2023
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 19.08.2022 IN MVC NO.
535/2018 PASSED BY THE SENIOR CIVIL JUDGE AND MACT,
LINGASUGUR, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.200692/2023 :-
BETWEEN:
THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR BUS BEARING
NO. KA-36/F-816, MASKI DEPOT,
RAICHUR DIVISION,
(NOW REPRESENTED BY CHIEF LAW OFFICER,
CENTRAL OFFICE, KALABURAGI)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
HOLIYAMMA W/O PARAMANNA LANKER,
AGE: 37 YEARS, OCC: COOLIE,
R/O. MEGALAPET MUDGAL,
TQ. LINGAUSGUR, DIST: RAICHUR.
...RESPONDENT
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 19.08.2022 IN MVC NO.
539/2018 PASSED BY THE SENIOR CIVIL JUDGE AND MACT,
LINGASUGUR, IN THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2024:KHC-K:1553
MFA No. 201480 of 2023
C/W MFA No. 200692 of 2023
MFA No. 202799 of 2023
IN MFA NO.202799/2023 :-
BETWEEN:
THE DIVISIONAL CONTROLLER,
NEKRTC, RAICHUR BUS BEARING
NO. KA-36/F-816, MASKI DEPOT,
RAICHUR DIVISION,
(NOW REPRESENTED BY CHIEF LAW OFFICER,
CENTRAL OFFICE, KALABURAGI)
...APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
MANAMMA W/O BHEEMAPPA GANTI,
AGE: 44 YEARS, OCC: COOLIE,
R/O. MEGALAPET MUDGAL,
TQ. LINGAUSGUR, DIST: RAICHUR-586101.
...RESPONDENT
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE ABOVE
APPEAL BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD DATED 19.08.2022 IN MVC NO.
534/2018 PASSED BY THE SENIOR CIVIL JUDGE AND MACT,
LINGASUGUR, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS, ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
MFA No.21480/2023: In this case the Court below has
awarded an amount of Rs.28,000/- aggrieved thereby the
insurance company has preferred the appeal. The Section has
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raised objection on the maintainability of the appeal. In view
of the amendment to Section 173 of the M.V.Act, appeal
is maintainable only when the amount is more than
Rs.1,00,000/-. The objections of the office on the
maintainability are sustained and the appeal is dismissed. It is
submitted by the learned counsel that it should not have impact
on the other appeals. This appeal is dismissed in view of the
amendment of Section 173(2) of M.V.Act, it will not have any
impact when the other appeals which are above Rs.1,00,000/-.
2. MFA No.200692/2023: In this case the Court below
has awarded an amount of Rs.29,000/- aggrieved thereby the
insurance company has preferred the appeal. The Section has
raised objection on the maintainability of the appeal. In view
of the amendment to Section 173 of the M.V.Act, appeal
is maintainable only when the amount is more than
Rs.1,00,000/-. The objections of the office on the
maintainability are sustained and the appeal is dismissed. It is
submitted by the learned counsel that it should not have impact
on the other appeals. This appeal is dismissed in view of the
amendment of Section 173(2) of M.V.Act, it will not have any
impact when the other appeals which are above Rs.1,00,000/-.
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3. MFA No.202799/2023: In this case the Court below
has awarded an amount of Rs.29,000/- aggrieved thereby the
insurance company has preferred the appeal. The Section has
raised objection on the maintainability of the appeal. In view
of the amendment to Section 173 of the M.V.Act, appeal
is maintainable only when the amount is more than
Rs.1,00,000/-. The objections of the office on the
maintainability are sustained and the appeal is dismissed. It is
submitted by the learned counsel that it should not have impact
on the other appeals. This appeal is dismissed in view of the
amendment of Section 173(2) of M.V.Act, it will not have any
impact when the other appeals which are above Rs.1,00,000/-.
4. The appeal in MFA No.201480/2023 C/w MFA
No.200692/2023, MFA No.202799/2023 are dismissed.
Sd/-
JUDGE
SMP
