The Manager vs Dhulanabee And Anr
2024 Latest Caselaw 19171 Kant

Karnataka High Court

The Manager vs Dhulanabee And Anr on 31 July, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                              -1-
                                                          NC: 2024:KHC-K:5503
                                                    MFA No. 201002 of 2019




                              IN THE HIGH COURT OF KARNATAKA,
                                      KALABURAGI BENCH
                            DATED THIS THE 31ST DAY OF JULY, 2024
                                           BEFORE
                          THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA
                        MISCL. FIRST APPEAL NO.201002 OF 2019 (MV-I)
                   BETWEEN:

                   THE MANAGER
                   UNITED INDIA INSURANCE COMPANY LTD.,
                   S.S. FRONT ROAD, VIJAYAPUR,
                   THROUGH ITS DIVISIONAL MANAGER.
                                                                 ...APPELLANT
                   (BY SRI MANVENDRA REDDY, ADVOCATE)

                   AND:

                   1.    DHULANABEE W/O ISMAILSAB MULLA
                         AGE: 55 YEARS, OCC: COOLIE
                         R/O. CHADACHAN, TQ. INDI,
                         DIST. VIJAYAPUR,
                         NOW AT KANAKADAS BADAVANE,
                         VIJAYAPUR-586101.

Digitally signed   2.    TOUFEEQ S/O UMAR SHIRAPPANALLI
by RENUKA                AGE: 29 YEARS, OCC: BUSINESS,
Location: HIGH           R/O. CHADACHAN,
COURT OF
KARNATAKA                TQ. & DIST VIJAYAPUR-586101.
                                                             ...RESPONDENTS

                          MFA FILED U/S. 173(1) OF MV ACT, BY THE ADVOCATE
                   PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED
                   06.09.3018 PASSED BY THE III ADDL. SENIOR CIVIL JUDGE
                   AND    MACT NO.XII, VIJAYAPUR IN MVC NO.1372/2016 AND
                   ETC.
                             -2-
                                        NC: 2024:KHC-K:5503
                                    MFA No. 201002 of 2019




     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA

                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE N.S.SANJAY GOWDA)

1. Since in this appeal, the insurance company is

challenging the award of compensation of Rs.20,000/-

granted by the Tribunal for the injuries suffered by the

claimant, without going into the aspects of liability of the

insurance company, having regard to the fact that the sum

involved is only Rs.20,000/-, I find no justification to

entertain the present appeal. The appeal is therefore

dismissed.

2. Since the appeal itself is disposed of, there is no

need to consider the aspect of delay and hence, the

application for condonation of delay stand disposed of.

3. The amount in deposit, if any, shall be transferred to

the Tribunal for disbursal in terms of the award.

NC: 2024:KHC-K:5503

4. In view of the disposal of the appeal, all pending

interlocutory applications, if any, stand disposed of.

Sd/-

(N.S.SANJAY GOWDA) JUDGE

RK