K. D. Doddappa vs Billaiah
2024 Latest Caselaw 11728 Kant

Karnataka High Court

K. D. Doddappa vs Billaiah on 28 May, 2024

                                               -1-
                                                      MFA No. 6916 of 2018
                                                        NC: 2024:KHC:17831




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 28TH DAY OF MAY, 2024

                                          BEFORE
                            THE HON'BLE MS JUSTICE J.M.KHAZI
                              M.F.A NO.6916 OF 2018 (MV-D)
                   BETWEEN:

                   1.   K.D.DODDAPPA
                        S/O DODDAPPA,
                        AGED ABOUT 31 YEARS,
                        DRIVER OF THE TRACTOR AND TRAILER,
                        BEARING REGN. NO.KA 17/TB-5424,
                        AN KA 17/T-6339
                        R/O BELALAGERE VILLAGE,
                        CHANNAGIRI TALUK, CHITRADURGA DIST - 577 501
                        (DL NO.KA.1720110002441
                        VALID FROM 24/01/2011 TO 23/01/2013)

                   2.   KARIBASAPPA
                        S/O DODDAPPA,
                        AGED ABOUT 56 YEARS,
                        RC OWNER OF THE TRACTOR AND TRAILER
                        BEARING REGN NO. KA-17/TB-5424
Digitally signed        AN KA 17/T-6339,
by MADHURI S            R/O BELALAGERE VILLAGE,
Location: High          CHANNAGIRI TALUK - 577 501
Court of                                                      ...APPELLANTS
Karnataka
                   (BY SRI. K.D.DODDAPPA & SRI. KARIBASAPPA, APPELLANTS -
                       ABSENT)
                   AND:

                   1.   BILLAIAH
                        S/O HULIYAIAH,
                        AGED ABOUT 56 YEARS,

                   2.   SMT NAGAMMA
                        W/O BILLAIAH,
                        AGED ABOUT 51 YEARS,
                             -2-
                                      MFA No. 6916 of 2018
                                        NC: 2024:KHC:17831




3.   ANURADHA
     D/O BILLAIAH,
     AGED ABOUT 26 YEARS,

     RESPONDENT NOS.1 TO 3 ARE
     R/O S DIGGENAHALLI VILLAGE,
     ARASIKERE TALUK, NOW RESIDING AT
     HULIKERE VILLAGE AND POST,
     SAKHARAYAPATTAA HOBLI,
     KADUR TALUK, CHIKKAMAGALURU DIST - 577168

4.   SHIVARAJ
     S/O VASANTHA SHIRURU,
     AGED ABOUT 24 YEARS,
     RC OWNER OF THE MOTOR CYCLE,
     BEARING REGN. NO.KA-22/EG-2633
     R/O THARIHALA VILLAGE,
     BELGAUM TALUK - 590 001

5.   IFCO TOKYO GENERAL INS. CO. LTD.,
     BRANCH OFFICE SANGLI,
     MANTUNG BUILDING,
     MADHAVANAGARA ROAD, DURGAMALA,
     MANDIR, SANGLI, MAHARASHTRA STATE - 416416

                                        ...RESPONDENTS
(BY SRI. MOHAN KUMAR T, ADVOCATE FOR R1 TO R3;
    SRI. DAYANAND S PATIL, ADVOCATE FOR R4;
    SRI. B.PRADEEP, ADVOCATE FOR R5)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
PRAYING TO a) REVERSE & SET ASIDE THE JUDGMENT &
AWARD DATED 01.06.2018 PASSED IN MVC NO.116/2012 BY
THE LEARNED SENIOR CIVIL JUDGE & M.A.C.T, KADUR,
CHIKMAGALUR DISTRICT AND CONSEQUENTLY DISMISS THE
CLAIM PETITION AS AGAINST THE APPELLANTS; b) GRANT
SUCH OTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT
AND EXPEDIENT TO GRANT UNDER THE CIRCUMSTANCES OF
THE CASE IN THE ENDS OF JUSTICE AND EQUITY.

    THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
                              -3-
                                       MFA No. 6916 of 2018
                                          NC: 2024:KHC:17831




                         JUDGMENT

Learned counsel for the appellants has filed a memo

seeking permission to retire along with copy of intimation

and postal acknowledgment for having served the same to

the appellants.

The aforesaid memo is taken on record.

In the light of the same, learned counsel for the

appellants is permitted to retire.

Accordingly, appeal is dismissed for non prosecution.

Sd/-

JUDGE

MDS