Karnataka High Court
Siddaveerappa vs Pushpalatha on 23 October, 2024
Author: Hanchate Sanjeevkumar
Bench: Hanchate Sanjeevkumar
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NC: 2024:KHC:42686
MFA No. 8190 of 2015
C/W MFA No. 3946 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
MISCELLANEOUS FIRST APPEAL NO.8190 OF 2015 C/W
MISCELLANEOUS FIRST APPEAL NO.3946 OF 2014 (MV-D)
IN MFA No. 8190/2015
BETWEEN:
SIDDAVEERAPPA
S/O PUTTASWAMAPPA,
AGED ABOUT 46 YEARS,
R/AT KARYA VILLAGE,
NANJANAGUDU TALUK,
MYSORE DISTRICT - 571 301.
...APPELLANT
(BY SRI. DAYANAND S.PATIL, ADVOCATE)
AND:
1. PUSHPALATHA
W/O LATE RACHAPPA,
AGED ABOUT 26 YEARS,
Digitally signed
by RAMYA D
Location: HIGH
COURT OF
2. BASAPPA
KARNATAKA S/O LINGAPPA,
AGED ABOUT 71 YEARS,
3. CHANNAMMA
W/O BASAPPA,
AGED ABOUT 66 YEARS,
R/AT BILIKERE VILLAGE,
NANJANAGUDU TALUK,
MYSORE DISTRICT - 571 301.
4. SURESH B.N.
S/O NINGAIAH,
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NC: 2024:KHC:42686
MFA No. 8190 of 2015
C/W MFA No. 3946 of 2014
AGED ABOUT 51 YEARS,
R/AT HOUSE NO.106/1, BILIKERE,
NANJANAGUDU TALUK,
MYSORE-DT - 571 301
(DRIVER OF MARUTHI OMNI NO. KA-17-M-1796)
5. THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO., LTD.,
NO. 371/A, 3RD FLOOR,
PRESTIGE SHOPPING ARCADE,
RAMASWAMY CIRCLE,
MYSORE-570 001.
6. H K LINGESHMURTHY
S/O S KEMPAIAH
C/O C MAHADAIAH
NO.194, DEVERAMANENAHALLI CROSS,
NANJANGUD TALUK, MYSORE DISTRICT
...RESPONDENTS
(BY SRI. K.N.SRINIVASA, ADVOCATE FOR R5;
SRI. A. ABHISHEK, ADVOCATE PROPOSED R6;
R1, R2, R3, R4 ARE SERVED AND UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.11.2011 PASSED IN MVC
NO.55/2009 ON THE FILE OF THE SENIOR CIVIL JUDGE,
MACT, NANJANGUD, AWARDING COMPENSATION OF
RS. 4,64,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF
PETITION TILL PAYMENT.
IN MFA NO.3946/2014
BETWEEN:
1. SMT. PUSHAPALATHA
W/O LATE RACHAPPA @ THAMMAIAH @ RAHUL,
AGED 25 YEARS,
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NC: 2024:KHC:42686
MFA No. 8190 of 2015
C/W MFA No. 3946 of 2014
2. BASAPPA
S/O LINGAPPA
AGED 70 YEARS,
3. CHANNAMMA
C/O BASAPPA
AGED 65 YEARS,
THE APPELLANTS 1 TO 3
ARE RESIDENT OF BILIKERE VILLAGE,
NANJANAGUDU TALUK,
MYSORE DISTRICT - 571 401.
...APPELLANTS
(BY SRI. PRAMOD R, ADVOCATE)
AND:
1. SURESHA B N
S/O NINGAIAH
AGED 50 YEARS,
R/O HOUSE NO.106/1
RESIDENT OF BILIKERE VILLAGE,
NANJANAGUDU TALUK,
MYSORE DISTRICT - 571 401.
2. SIDDAVEERAPPA
S/O PUTTASWAMAPPA
AGED 45 YEARS,
R/O KARYA VILLAGE
NANJANAGUDU TALUK,
MYSORE DISTRICT.
3. THE BRANCH MANAGER
NATIONAL INSURANCE COMPANY LID.,
3RD FLOOR, 371/A, PRESTIGE,
SHOPPING ARCADE,
RAMASWAMY CIRCLE,
MYSORE - 571 408
...RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R3;
SRI. DAYANANDA S.PATIL, ADVOCATE FOR R2;
R1- NOTICE DISPENSED WITH)
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NC: 2024:KHC:42686
MFA No. 8190 of 2015
C/W MFA No. 3946 of 2014
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.11.2011 PASSED IN
MVC NO.55/2009 ON THE FILE OF THE SENIOR CIVIL
JUDGE & MACT, NANJANAGUDU PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
ORAL JUDGMENT
Learned counsel for the appellant has filed a
memo stating that the appellant has satisfied the award in
Execution Case No.85/2015 as mentioned in the memo.
2. Learned counsel for the appellant submitted
that these appeals do not survive for consideration.
3. The memo is placed on record.
4. Therefore, these appeals are dismissed as they
do not survive for consideration on merits.
NC: 2024:KHC:42686
5. In view of dismissal of these appeals, I.As., if
any, do not survive for consideration and they are
dismissed.
SD/-
(HANCHATE SANJEEVKUMAR)
JUDGE
PB
