Smt. Asma W/O Late Abbas vs Shafeek Ahamed G S S/O Shekabba
2024 Latest Caselaw 5887 Kant

Karnataka High Court

Smt. Asma W/O Late Abbas vs Shafeek Ahamed G S S/O Shekabba on 27 February, 2024

Author: Jyoti Mulimani

Bench: Jyoti Mulimani

                                         -1-
                                                      NC: 2024:KHC:7930
                                                   MFA No. 6119 of 2012




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 27TH DAY OF FEBRUARY, 2024
                                       BEFORE
                      THE HON'BLE MS. JUSTICE JYOTI MULIMANI
              MISCELLANEOUS FIRST APPEAL NO.6119 OF 2012(MV-D)

              BETWEEN:

              1.    SMT. ASMA W/O LATE ABBAS,
                    R/AT CARE OF SHRI HAKEEM,
                    AZAD ROAD, SAKALESHPURA TOWN - 573 134.
                    HASSAN.

              2.    MASTER RIZWAN S/O LATE ABBAS,
                    MINOR REPT. BY THE NATURAL GUARDIAN
                    AND MOTHER SMT. ASMA,
                    R/AT CARE OF SHRI HAKEEM
                    AZAD ROAD, SHAKALESHPURA TOWN - 573 134.
                    HASSAN.

              3.        KUM REENAZ D/O LATE ABBAS,
                        MINOR REPT. BY THE NATURAL GUARDIAN
                        AND MOTHER SMT. ASMA,
                        R/AT CARE OF SHRI HAKEEM
Digitally signed by
THEJASKUMAR N           AZAD ROAD, SHAKALESHPURA TOWN - 573 134.
Location: HIGH          HASSAN.
COURT OF                                                    ...APPELLANTS
KARNATAKA
                    (BY SRI.V.SRINIVAS., ADVOCATE)

              AND:

              1.    SHAFEEK AHAMED.G.S.
                    S/O SHEKABBA,
                    MAJOR,
                    GOPALAPURA, SHANIVARASANTHE,
                    SOMVARPETE TALUK - 571 236,
                    MADIKERI.
                               -2-
                                             NC: 2024:KHC:7930
                                          MFA No. 6119 of 2012




2.   SHRI.T.S.KANDASWAMY
     S/O HASANABBA,
     MAJOR,
     GOPALAPURA,
     SHANIVARASANTHE,
     SOMVARPETE TALUK - 571 236.
     MADIKERI.

3.  THE NEW INDIA ASSURANCE COMPANY LTD.,
    MAHATMA GANDHI ROAD,
    MADIKERE, REP. BY THE MANAGER,
    REGIONAL OFFICE,
    NO.2B UNITY BUILDING ANNEXE,
    MISSION ROAD,
    BANGALORE - 560 027.
    BANGALORE CITY.
                                       ...RESPONDENTS
(BY SRI.B.R.VENKATESH KAMATH., ADVOCATE FOR R3)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988
AGAINST THE JUDGMENT AND AWARD DATED:24.01.2012 IN
M.V.C. NO.9/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND
J.M.F.C., SAKLESHPUR, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.

    THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Sri.V.Srinivas., learned counsel for the appellants has

appeared in person.

The captioned appeal is listed today for orders to take

steps in respect for respondents 1 & 2.

NC: 2024:KHC:7930

Learned counsel for the appellants submits that the third

respondent - New India Assurance Company Limited had

preferred an appeal in MFA No.3898/2012. The co-ordinate

bench of this Court vide Judgment dated:18.02.2020 allowed

the appeal and exonerated the Insurance Company from the

liability and the respective owners of the vehicles were held

liable to pay the compensation awarded by the Tribunal.

Counsel further submits that the appellants are unable to

trace out the whereabouts of the owners of the vehicle. Hence,

the appellants does not wish to prosecute the present appeal.

Learned counsel therefore, submits that the appeal may be

dismissed as not pressed.

The oral submission made by learned counsel for the

appellants is placed on record.

The Miscellaneous First Appeal is dismissed as not

pressed.

Sd/-

JUDGE MRP