Chandrashekhar S/O. Ulavangouda Patil vs Mahadevi W/O. Siddappa Nekar
2024 Latest Caselaw 5802 Kant

Karnataka High Court

Chandrashekhar S/O. Ulavangouda Patil vs Mahadevi W/O. Siddappa Nekar on 26 February, 2024

                                                 -1-
                                                                NC: 2024:KHC-D:4527
                                                         MFA No. 25199 of 2011




                       IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                            DATED THIS THE 26TH DAY OF FEBRUARY, 2024

                                               BEFORE
                            THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
                           MISCELLANEOUS FIRST APPEAL NO. 25199 OF 2011
                                               (MV-D)
                      BETWEEN:

                      CHANDRASHEKHAR S/O. ULAVANGOUDA PATIL,
                      AGE: MAJOR, OCC: BUSINESS,
                      R/O. C/O. D. B. MASUR,
                      OPP: HINDI PRACHAR SABHA,
                      U. B. HILL, DHARWAD.
                                                               ...APPELLANT
                      (BY SRI CHANDRASHEKHAR NAGASHETTY, ADV. FOR
                           SRI. JAGADISH PATIL, ADVOCATE)

                      AND:

         Digitally
         signed by
                      1.    SMT. MAHADEVI W/O. SIDDAPPA NEKAR,
         JAGADISH
JAGADISH T R                AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
TR       Date:
         2024.02.27
         10:56:03
                            R/O. DYAVANAKODA, TQ: KALAGHATAGI,
         +0530


                      2.    RAVIKUMAR S/O. SIDDAPPA NEKAR,
                            AGE: 15 YEARS, OCC: STUDENT,
                            M/G. BY NEXT FRIEND SMT. MAHADEVI
                            W/O. SIDDAPPA NEKAR,
                            AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
                            R/O. DYAVANAKODA, TQ: KALAGHATAGI.

                      3.    KIRANAKUMAR S/O. SIDDAPPA NEKAR,
                            AGE: 12 YEARS, OCC: STUDENT,
                            M/G. BY NEXT FRIEND SMT. MAHADEVI
                            W/O. SIDDAPPA NEKAR,
                           -2-
                                            NC: 2024:KHC-D:4527
                                        MFA No. 25199 of 2011




     AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
     R/O. DYAVANAKODA, TQ: KALAGHATAGI,

4.   SHASHIKUMAR S/O. SIDDAPPA NEKAR,
     AGE: 9 YEARS, OCC: NIL,
     M/G. BY NEXT FRIEND SMT. MAHADEVI
     W/O. SIDDAPPA NEKAR,
     AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
     R/O: DYAVANAKODA, TQ: KALAGHATAGI.

5.   SMT. KASTURI W/O. BASETTEPPA NEKAR,
     AGE: 55 YEARS, OCC: HOUSE HOLD WORK,
     R/O. DYAVANAKODA, TQ: KALAGHATAGI.

6.  UNITED INDIA INSURANCE COMPANY LTD,
    DIVISIONAL OFFICE, ENKAY COMPLEX,
    KESHWAPUR, HUBLI, BELGAUM.
                                         ...RESPONDENTS
(BY SRI. MAHESH WODEYAR, ADVOCATE FOR R1 TO R5;
    SRI. S. S. JOSHI, ADVOCATE FOR RESPONDENT NO.6;
    RESPONDENT NO.2 TO 4 ARE MINORS
    REPRESENTED BY RESPONDENT NO.1)

      THIS   MISCELLANEOUS      FIRST     APPEAL    IS   FILED
U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO SET ASIDE
THE JUDGMENT AND AWARD DATED 20/11/2009 IN M.V.C
NO.15/2006 PASSED BY THE LEARNED FAST TRACK COURT-II,
DHARWAD AND MAY KINDLY BE PLEASED TO SET ASIDE THE
SAID JUDGMENT AND AWARD OF RS.4,08,000/- BY ALLOWING
THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.


      THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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                                                     NC: 2024:KHC-D:4527
                                               MFA No. 25199 of 2011




                             ORDER

Learned counsel for the appellant Sri.Chandrashekhar

Nagashetty submits that the entire award amount has been

paid by the appellant/owner to the claimants. Hence, he

does not intend to press the appeal.

Learned counsel for respondents No.1 to 5/claimants

does not dispute the said submission of learned counsel for

the appellant.

In view of the above, the appeal stands dismissed as

not pressed.

The appellant is permitted to withdraw the statutory

amount deposited before this Court.

Pending applications, if any, do not survive for

consideration and accordingly, they are disposed off.

Sd/-

JUDGE

JTR