National Insurance Company Ltd vs Smt Janaki
2025 Latest Caselaw 1093 Kant

Karnataka High Court

National Insurance Company Ltd vs Smt Janaki on 15 July, 2025

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                                                   NC: 2025:KHC:26233
                                               MFA No. 5687 of 2017


            HC-KAR




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 15TH DAY OF JULY, 2025

                                    BEFORE
                     THE HON'BLE MR. JUSTICE C.M. POONACHA
            MISCELLANEOUS FIRST APPEAL NO. 5687 OF 2017 (MV-I)

            BETWEEN:

            1.    NATIONAL INSURANCE COMPANY LTD
                  PUTTUR BRANCH,
                  PUTTUR D.K.
                  NOW REPRESENTED BY ITS
                  ASSISTANT MANAGER REKHA S MENON
                  REGIONAL OFFICE,
                  NO.144, SHUBHARAM COMPLEX
                  M G ROAD, BENGALURU 560001
                                                         ...APPELLANT
            (BY SRI. L SREEKANTA RAO., ADVOCATE)

            AND:

Digitally   1.    SMT JANAKI
signed by
NIRMALA           W/O KEPU MUGERA
DEVI              MAJOR
Location:         R/AT MANJALPADPU JAYAMBE HOUSE
HIGH              KABAKA VILLAGE,
COURT OF
KARNATAKA         PUTTUR TALUK 574201
            2.    VIJAYAVIKRAM G
                  S/O K GOVINDA,
                  AGED ABOUT 46 YEARS,
                  R/A D.NO.4/80 GANDHIPETE
                  RAMAKUNA VILLAGE AND POST
                  PUTTUR TALUK AND D.K.DISTRICT 574201
                                                      ...RESPONDENTS
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                                                     NC: 2025:KHC:26233
                                                 MFA No. 5687 of 2017


HC-KAR




(BY SRI.B.V.KRISHNA, ADVOCATE FOR R1,
     R2 IS SERVED)

     THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.04.2017 PASSED IN MVC
NO.1094/2015 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND ADDITIONAL CHIEF JUDICIAL MAJESTRATE AND
MEMBER, MACT, PUTTUR,               AWARDING COMPENSATION OF
RS.1,12,000/- WITH FUTURE INTEREST AT THE RATE OF 6%
P.A. FROM THE DATE OF PETITION TILL ITS REALIZATION
FROM RESPONDENT NO.1 AND 2.

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

CORAM:    HON'BLE MR. JUSTICE C.M. POONACHA


                          ORAL JUDGMENT

Learned counsel for the appellant has filed a memo,

which reads as follows:

MEMO

"The Appellant submits as under;

The Appellant submits the above appeal is filed by the Appellant challenging the liability to pay the compensation awarded by the Tribunal on the ground non possession of driving license to drive the insured vehicle.

In view of the larger bench judgment upholding the judgment passed in the case of Mukul Devagan, the

NC: 2025:KHC:26233

HC-KAR

present appeal does not survive for consideration. Hence the appellant prays that the appeal may be permitted to be withdrawn as not pressed. The amount in deposit may be ordered to be transmitted to the Tribunal for disbursement in the interest of justice and equity."

2. In view of the same, the above appeal is

dismissed as withdrawn.

3. The amount deposited by the appellant shall be

transmitted to the Tribunal together with the records for

disbursement in terms of the award of the Tribunal.

Sd/-

(C.M. POONACHA) JUDGE

rv