Smt Nagamma T vs Sri Thgirumala Swamy Associate
2024 Latest Caselaw 4809 Kant

Karnataka High Court

Smt Nagamma T vs Sri Thgirumala Swamy Associate on 16 February, 2024

Author: H.B.Prabhakara Sastry

Bench: H.B.Prabhakara Sastry

                                        -1-
                                                   NC: 2024:KHC:6710-DB
                                              MFA.CROB No. 145 of 2021




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                    DATED THIS THE 16TH DAY OF FEBRUARY, 2024
                                     PRESENT

                  THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

                                        AND

              THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR

                   MFA CROSS OBJECTION NO. 145 OF 2021 (MV-D)

             BETWEEN:

             1.    SMT. NAGAMMA.T
                   W/O. LATE HANUMANTHARAYAPPA
                   @HANUMATHAIAH.C
                   AGED ABOUT 41 YEARS,
                   R/AT HIRITHURPE MADAKASIRA TALUK,
                   NOW R/AT KARIDASARAHALLI VILLAGE,
                   SIRA TALUK,
                   TUMAKUR DISTRICT-571 113.

             2.    SMT. THIMMAKKA
                   W/O LATE. CHIKKANNA
                   AGED ABOUT 69 YEARS,
Digitally
signed by          R/AT KARIDASARAHALLI VILLAGE,
SHAKAMBARI
Location:
                   SIRA TALUK,
HIGH COURT         TUMAKUR DISTRICT-571 113.
OF
KARNATAKA                                          ...CROSS OBJECTORS
             (BY SMT. SOWMYA R., ADVOCATE)
             AND:

             1.    SRI. THGIRUMALA SWAMY ASSOCIATE
                   REP BY JAYAPPA,
                   AGED ABOUT 49 YEARS,
                   R/AT MALLNAYAKANAHALLI,
                   GOLLARAHATTI, MIDIGESHI HOBLI,
                   MADHUGIRI TALUK,
                   TUMAKURU DISTRICT-572 116.
                             -2-
                                       NC: 2024:KHC:6710-DB
                                  MFA.CROB No. 145 of 2021




2.   SRI. GOPINATH
     S/O RANGAPPA,
     AGED ABOUT 45 YEARS,
     R/AT DINNAMEDANAPALYA,
     MADAKASIRA MANDAL,
     MADAKASIRA TALUK,
     ANANTHAPURA DISTRICT.

     THE R-1 AND R-2 ARE THE MANAGING PARTNERS OF
     THE TIPPER LORRY BEARING NO. KA 64-2550)

3.   THE MANAGER, UNIVERSAL SOMPO GENERAL
     INSURANCE COMPANY LTD.,
     K.V.D TOWER NO.7/3 2ND FLOOR,
     KOLAR ROAD, (OLD MADRAS ROAD)
     INDIRANAGARA,
     BANGALORE-560 038.

                                            ...RESPONDENTS

(BY SRI. ASHOKA.H ADVOCATE FOR
SRI.B.C. SHIVANNE GOWDA., ADVOCATE FOR R3
R1 & R2 SERVED AND UNREPRESENTED)

        THIS MFA CROB IS FILED UNDER ORDER XLI RULE 22 OF
THE CPC     READ WITH SECTION 173(1) OF MOTOR VEHICLE
ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.09.2019
PASSED IN MVC NO. 1211/2017 ON THE FILE OF THE SENIOR
CIVIL    JUDGE   AND   ADDITIONAL   MACT,    SIRA.   PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.

        THIS MFA CROB, COMING ON FOR ORDERS, THIS DAY,
DR.H.B.PRABHAKARA SASTRY J., MADE THE FOLLOWING:
                                  -3-
                                             NC: 2024:KHC:6710-DB
                                       MFA.CROB No. 145 of 2021




                              ORDER

Learned counsels from both side present.

2. Learned counsel for the appellants files the second set of the memo.

3. Learned counsel for the respondents

acknowledges the receipt of the copy of the memo and

submits his no objection to allow the memo.

4. Heard the learned counsels on both side on the

memo wherein, the cross-objector has sought for

dismissal of this MFA.Crob, as not pressed.

5. In view of the memo and supporting submissions

from both side, this MFA.Crob stands dismissed, as not

pressed.

Sd/-

JUDGE

Sd/-

JUDGE