Smt. Manisha W/O Late Deepak Desai vs Smt. Umeshwari W/O Late Lava Talawar
2024 Latest Caselaw 27928 Kant

Karnataka High Court

Smt. Manisha W/O Late Deepak Desai vs Smt. Umeshwari W/O Late Lava Talawar on 21 November, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

                                               -1-
                                                       NC: 2024:KHC-D:16965-DB
                                                       MFA No. 102478 of 2017




                                IN THE HIGH COURT OF KARNATAKA,
                                        DHARWAD BENCH
                           DATED THIS THE 21ST DAY OF NOVEMBER, 2024
                                            PRESENT
                          THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                               AND
                            THE HON'BLE MR. JUSTICE VENKATESH NAIK T

                   MISCELLANEOUS FIRST APPEAL NO. 102478 OF 2017 (MV-D)


                   BETWEEN:

                   1.   SMT. MANISHA W/O. LATE DEEPAK DESAI
                        AGED ABOUT 32 YEARS,
                        OCC: HOUSEHOLD WORK,
Digitally signed
                        WRONGLY STATED AS BUSINESS
by MANJANNA E           IN THE CLAIM PETITION,
Location: HIGH
COURT OF                R/O: BLOCK NO.39,
KARNATAKA
DHARWAD                 OPP. INDIRA GANDHI NAGAR,
BENCH
Date: 2024.11.22
                        UPANAGAR (NASHIK ROAD),
10:36:24 +0530          NASHIK (MAHARASHTRA STATE)-422009.

                   2.   SHRI. PANDURANG S/O. BABUSO DESAI
                        AGED ABOUT 30 YEARS, OCC: DRIVER,
                        R/O: KAGANE, TQ: CHANDAGAD,
                        DIST: KOLHAPUR, (MAHARASHTRA)-416509.

                                                                  ...APPELLANTS
                   (BY SRI. SANJAY S. KATAGERI, ADVOCATE)


                   AND:

                   1.   SMT. UMESHWARI W/O. LATE LAVA TALAWAR
                        AGE: 31 YEARS, OCC: HOUSEHOLD WORK,
                        R/O: BIDARIBHAVI, TQ: KHANAPUR,
                        NOW ALLEGEDLY R/AT: MACHHE VILLAGE,
                        (AS STATED IN THE CLAIM PETITION),
                        TQ AND DIST: BELAGAVI-590014.

                   2.   KUMAR HARISH S/O. LATE LAVA TALAWAR
                        AGE: 10 YEARS, OCC: NIL,
                        R/O: BIDARIBHAVI, TQ: KHANAPUR,
                                  -2-
                                        NC: 2024:KHC-D:16965-DB
                                        MFA No. 102478 of 2017




     NOW ALLEGEDLY R/AT: MACHHE VILLAGE,
     (AS STATED IN THE CLAIM PETITION),
     TQ AND DIST: BELAGAVI-590014.

     SINCE RESPONDENT NO.2 HEREIN BEING MINOR IS
     REPRESENTED BY HIS NATURAL GUARDIAN MOTHER
     RESPONDENT NO.1 AS MINOR GUARDIAN.

3.   SMT. GANGAWWA W/O. HANAMANT TALAWAR
     AGE: 56 YEARS, OCC: HOUSEHOLD WORK,
     R/O: BIDARIBHAVI, TQ: KHANAPUR,
     NOW ALLEGEDLY R/AT: MACHHE VILLAGE,
     (AS STATED IN THE CLAIM PETITION),
     TQ AND DIST: BELAGAVI-590014.
                                                   ...RESPONDENTS
(NOTICE TO R1 TO R3 ARE SERVED)


      THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR
VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED
15.09.2016 PASSED IN MVC NO.16/2016 BY THE LEARNED XI-
ADDITIONAL     DISTRICT AND SESSIONS         JUDGE, BELAGAVI,   IN
AWARDING COMPENSATION FOR RS.23,71,800/- WITH INTEREST AT
9% P.A. FROM THE DATE OF PETITION TILL ITS DEPOSIT, BY
HOLDING THE APPELLANTS HEREIN LIABLE TO PAY THE SAID
COMPENSATION TO THE RESPONDENTS HEREIN, BE KINDLY SET
ASIDE, BY ALLOWING THIS APPEAL AND THEREBY REMANDING THE
MATTER TO THE SAID TRIBUNAL FOR FRESH CONSIDERATION IN
ACCORDANCE WITH LAW, OR BY DISMISSING THE SAID CLAIM
CASE IN MVC NO.16/2016, IN THE INTEREST OF JUSTICE AND
EQUITY.


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


CORAM:       THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
              AND
              THE HON'BLE MR. JUSTICE VENKATESH NAIK T
                                   -3-
                                          NC: 2024:KHC-D:16965-DB
                                          MFA No. 102478 of 2017




                           ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

Learned counsel for the appellants has filed a memo

seeking leave of this Court to withdraw the appeal.

Memo is taken on record.

Appeal is dismissed as withdrawn.

Office is directed to return the statutory deposit in favour

of the appellant No.1 after due verification.

Sd/-

(H.T.NARENDRA PRASAD) JUDGE

Sd/-

(VENKATESH NAIK T) JUDGE

RSH - Ct:vh