Sri Mohammed Khaleel vs Smt Vani
2024 Latest Caselaw 25074 Kant

Karnataka High Court

Sri Mohammed Khaleel vs Smt Vani on 21 October, 2024

                                                -1-
                                                      NC: 2024:KHC:42181-DB
                                                        MFA No.3043/2024



                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                       DATED THIS THE 21ST DAY OF OCTOBER, 2024
                                          PRESENT
                         THE HON'BLE MRS JUSTICE K.S.MUDAGAL
                                            AND
                      THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                 MISCELLANEOUS FIRST APPEAL NO.3043/2024 (MV-D)
                BETWEEN:

                SRI MOHAMMED KHALEEL
                S/O MOHAMMED BASHA
                AGED ABOUT 33 YEARS
                BUSINESS MAN
                R/O O S M ROAD, 5TH CROSS
                BHADRAVATHI
                (OWNER OF TATA ACE VEHICLE
                BEARING REGN. NO. KA-15/7459)              ...APPELLANT

                (BY SRI SAMEER S N, ADVOCATE)
                AND:

                1.    SMT VANI
                      W/O LATE JAGADHEESHA GOWDA
                      AGED ABOUT 44 YEARS
                      HOUSEWIFE
Digitally
signed by A K
CHANDRIKA       2.    SMT NISHMITHA K J
Location:             W/O MAHESHA K
High Court of         D/O LATE JAGADHEESHA GOWDA
Karnataka
                      AGED ABOUT 25 YEARS
                      R/O ARALIKOPPA
                      MUDABAGILU POST
                      N R PURA TALUK

                3.    SMT NIKHITA K J
                      D/O LATE JAGADEESHA C D
                      AGED ABOUT 24 YEARS

                4.    SRI NIKHIL
                      S/O LATE JAGADEESHA C D
                      AGED ABOUT 22 YEARS
                                -2-
                                         NC: 2024:KHC:42181-DB
                                            MFA No.3043/2024



5.   SRI C V DHARMAYYA GOWDA
     S/O VENKTAYYA GOWDA
     AGED ABOUT 72 YEARS

     RESPONDENT NOS.1, 3, 4 & 5 ARE
     R/O KANABURU COLONY
     K KANABURU, MUTHINA KOPPA
     N R PURA TALUK

6.   SRI SHAHID KHAN
     S/O AMJAD KHAN
     AGED ABOUT 23 YEARS
     R/O MOION MOHALLA
     7TH CROSS, ANWAR COLONY
     HALE PETER, BHADRAVATHI
     (DRIVER OF THE TATA ACE VEHICLE
     BEARING REGN. NO. KA-15/7459)

7.   THE MANAGER
     HDFC ERGO GENERAL INSURANCE
     COMPANY LIMITED
     SADIQ COMPLEX, N T ROAD
     OPP. SUNDARA ACHARYA LODGE
     SHIVAMOGGA
     (INSURER OF THE TATA ACE VEHICLE
     BEARING NO 2315 2043 5922 0000 000
     VALID FROM 28-10-2021 TO 27-10-2022             ... RESPONDENTS

      THIS    MISCELLANEOUS    FIRST   APPEAL   IS    FILED   UNDER
SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT
AND AWARD DATED 13.02.2024       PASSED IN MVC NO.75/2023 ON
THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, N R PURA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
SEEKING ENHANCEMENT OF COMPENSATION.


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


CORAM:       HON'BLE MRS JUSTICE K.S.MUDAGAL
             AND
             HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
                                 -3-
                                            NC: 2024:KHC:42181-DB
                                                 MFA No.3043/2024



                     ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Learned Counsel for the appellant submits memo for

withdrawal of the appeal with liberty to file cross-

objection, in case insurer prefers the appeal.

Reserving such liberty, appeal is dismissed as

withdrawn.

Sd/-

(K.S.MUDAGAL) JUDGE

Sd/-

(VIJAYKUMAR A. PATIL) JUDGE

PKN