The Oriental Insurance Co Ltd vs Sri Halappa
2024 Latest Caselaw 22805 Kant

Karnataka High Court

The Oriental Insurance Co Ltd vs Sri Halappa on 9 September, 2024

                                                     -1-
                                                                      NC: 2024:KHC:36708
                                                                  MFA No. 8001 of 2016
                                                              C/W MFA No. 8003 of 2016




                          IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 9TH DAY OF SEPTEMBER, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
                                    MFA NO. 8001 OF 2016 C/W
                                   MFA NO. 8003 OF 2016 (MV-I)

                     BETWEEN:

                     THE ORIENTAL INSURANCE CO LTD.
                     NO.70/5 SUVARNA TOWERS, 1ST FLOOR
                     NEAR VIJAYANAGARA BDA COMPLEX
                     GOVENDARAJA NAGARA, VIJAYANAGARA
                     BANGALORE, REP BY ITS REGIONAL MANAGER
                     THE ORIENTAL INSURANCE CO LTD
                     REGIONAL OFFICE, SUMANGALI COMPLEX
                     LAMINGTON ROAD, HUBLI                 ...APPELLANT
                                                           [COMMON IN BOTH APPEALS]

                     (BY SRI. SHANKARA REDDY C., ADV.)

                     IN MFA No.8001/2016

                     AND:

Digitally signed by  1.     SRI C B MARULASIDDAPPA
PRAJWAL A                   S/O BASAPPA
Location: HIGH COURT        SINCE DEAD BY LRS.
OF KARNATAKA
                     1(a)   SMT.BHAGYAMMA
                            W/O LATE MARULASIDDAPPA
                            AGED ABOUT 74 YEARS
                            R/O ANCHECHOMANAHALLI VILLAGE
                            CHICKMANGALORE - 577 548

                     1(b)   SRI.C.M.L.MURTHY
                            S/O LATE MARULASIDDAPPA
                            AGED 54 YEARS, NO.3727/1
                            BEHIND KRISHNA ARTS
                            BALAGARA STREET, GANDHI BAZAAR
                            HASSAN - 573 201
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                                               NC: 2024:KHC:36708
                                           MFA No. 8001 of 2016
                                       C/W MFA No. 8003 of 2016




1(c)   SRI. SHASHIDHARA C. M.
       S/O LATE MARULASIDDAPPA
       NO.1011, 7TH CROSS, K.R.PURAM
       HASSAN - 573 201

1(d)   SMT.SHIVAMMA
       D/O LATE MARULASIDDAPPA
       W/O THIPPESWAMY
       AGED 57 YEARS
       R/O ANIVALA POST, ANIVALA
       CHITRADURGA - 577 554

2.     SRI RAJESHA
       S/O RANGAIAH
       AGED ABOUT 32 YEARS
       R/AT NO.11/15, 2ND CROSS
       MARENAHALLI, VIJAYANAGARA
       BANGALORE-560 040

3.     SRI PRAKASHA
       S/O CHANDASHEKARA
       AGED ABOUT 35 YEARS
       R/AT NO.19, 8TH MAIN ROAD
       J.J.NAGAR, KURUBARAHALLI
       BANGALORE-560 086                  ...RESPONDENTS

(BY SRI.VISWANATH SABARAD, ADV. FOR R1(a-d);
    NOTICE TO R2 & R3 ARE DISPENSED WITH)

      THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.4.2016
PASSED IN MVC NO.117/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE, JMFC, MACT, KADUR, CHICKMAGALUR DISTRICT,
AWARDING A COMPENSATION OF RS.1,38,721/- WITH
INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE
DATE OF DEPOSIT EXCLUDING THE AMOUNT AWARDED UNDER
THE HEAD FUTURE MEDICAL EXPENSES.

IN MFA NO.8003/2016

AND:

1.     SRI HALAPPA
       S/O BASAVALINGAPPA
       AGED ABOUT 51 YEARS
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                                             NC: 2024:KHC:36708
                                          MFA No. 8001 of 2016
                                      C/W MFA No. 8003 of 2016




     MATHIGHATTA VILLAGE AND POST
     KASABA HOBLI, KADUR TALUK
     CHIKMAGALUR DISTRICT-577 548

2.   SRI RAJESHA
     S/O RANGAIAH
     AGED ABOUT 32 YEARS
     R/AT NO.11/15, 2ND CROSS
     MARENAHALLI, VIJAYANAGARA
     BANGALORE-560 040

3.   SRI PRAKASHA
     S/O CHANDASHEKARA
     AGED ABOUT 35 YEARS
     R/AT NO.19, 8TH MAIN ROAD
     J.J.NAGAR, KURUBARAHALLI
     BANGALORE-560 086                    ...RESPONDENTS

(BY R1 SERVED AND UNREPRESENTED;
    VIDE ORDER DATED 09.07.2019
    NOTICE TO R2 AND R3 DISPENSED WITH)

     THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 20.4.2016
PASSED IN MVC NO.75/2013 ON THE FILE OF THE SENIOR CIVIL
JUDGE, JMFC, MACT, KADUR, CHICKMAGALUR DISTRICT,
AWARDING A COMPENSATION OF RS.12,500/- WITH INTEREST
@ 8% P.A FROM THE DATE OF PETITION TILL DEPOSIT.

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

CORAM:   HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA


                  ORAL JUDGMENT

Learned counsel for the Insurance Company has

filed a memo seeking withdrawal of the appeals.

Memo is placed on record.

NC: 2024:KHC:36708

Appeals are dismissed as withdrawn.

Amount in deposit shall be transmitted to the

Tribunal along with records forthwith.

SD/-

(T.G. SHIVASHANKARE GOWDA) JUDGE

MKM