Karnataka High Court
Mahesh Pursu Harikantra vs Murari Krishna Harikantra on 27 February, 2024
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NC: 2024:KHC-D:4578
MFA No. 21562 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO. 21562 OF 2012 (MV-D)
BETWEEN:
MAHESH PURSU HARIKANTRA,
AGE: MAJOR, REGD. OWNER-CUM-DRIVER
OF MARUTI OMNI BEARING NO.KA-47/1885,
R/O. SUDIGADDE, BARGI, KUMTA,
UTTAR KANNADA.
...APPELLANT
(BY SRI. PRASHANT HOSMANI, ADVOCATE)
AND:
1. MURARI KRISHNA HARIKANTRA,
AGE: 52 YEARS, OCC: FISHERMAN,
R/O. SUDIGADDE, BARGI, KUMTA,
UTTAR KANNADA.
2. CHANDRAHAS MURARI HARIKANTRA,
AGE: 23 YEARS, OCC: FISHERMAN/COOLIE,
Digitally
signed by R/O. SUDIGADDE, BARGI, KUMTA,
ROHAN
ROHAN HADIMANI
HADIMANI T
UTTAR KANNADA.
T Date:
2024.02.28
12:12:46
+0530
3. MISS. SHAKUNTALA MURARI HARIKANTRA,
AGE: 21 YEARS, OCC: HOUSEHOLD,
R/O. SUDIGADDE, BARGI, KUMTA,
UTTAR KANNADA.
...RESPONDENTS
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADV. FOR R1 TO R3)
THIS MISCELLANEOUS FIRST APPEAL IS U/S.173(1) OF
MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE/QUASH THE
JUDGMENT AND AWARD DATED 31.12.2011 PASSED BY THE
ADDITIONAL MACT, KUMTA IN MVC NO.23/2009, IN THE ENDS OF
JUSTICE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4578
MFA No. 21562 of 2012
JUDGMENT
This appeal is filed by the owner of the offending
vehicle assailing the judgment and award dated
31.12.2011 passed in MVC No.23/2009 by the Additional
MACT, Kumata (for short, 'Tribunal') whereby the Tribunal
allowed the claim petition filed by the respondents herein
by directing the appellant to pay Rs.3,71,000/- along with
interest at the rate of 6% per annum from the date of
claim petition till the date of realization.
2. Learned counsel Shri. Prashanth Hosmani
appearing for the appellant submits that the Tribunal has
fastened the liability on the owner of the vehicle. Taking
note of the fact that the banker of the appellant could not
remit the premium amount to the Insurance company and
in the meantime, the accident has occurred. It is further
submitted that the appellant has initiated the proceedings
before the District Forum at Uttara Kannada against the
State Bank of India for their deficiency in service. It is also
submitted that the Karnataka State Consumer Disputes
NC: 2024:KHC-D:4578
Redressal Commission, Bengaluru, under order dated
17.01.2019 has allowed the appeal filed by the appellant
by setting aside the order dated 07.02.2012 passed in CC
No.59/2011 on the file of District Consumer Disputes
Redressal Forum, Uttara Kannada and further directed the
opposite Bank to pay sum of Rs.3,71,000/- with interest at
the rate of 6% per annum from the date of petition before
the MACT i.e., 10.02.2009 till realization together with
cost of Rs.5,000/-.
3. It is submitted that in view of the order of the
State Commission to pay the compensation amount, the
present appeal would not survive for consideration. As per
the order of the Commission, the State Bank of India to
deposit the liability amount before the Tribunal. Hence, he
would not intend to press the present appeal.
4. Taking note of the said submission, the present
appeal is disposed off. It is open for the
respondent/claimant to withdraw the aforesaid amount
from the Tribunal in accordance with law. The registry
NC: 2024:KHC-D:4578
shall refund the statutory deposit made by the appellant to
him forthwith.
Sd/-
JUDGE
RKM
