The High Court of Karnataka dismissed the appellant's appeal against a Motor Vehicles Tribunal award, holding that the appeal does not survive following its joinder with an already allowed claim in a related matter. The statutory deposit was ordered for refund.
Statutory deposit ordered to be transmitted to the Tribunal for refund to the appellant.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.1003/2012 (MV)
BETWEEN:
THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD., DO-V, NO.25, SHANKAR NARAYANA BUILDING, M.G.ROAD, BANGALORE-01.
BY REGIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., SHANKAR NARAYNA BUILDING, M.G.ROAD, BENGALURU-560 001.
… APPELLANT
(BY SRI O.MAHESH, ADVOCATE)
AND:
1 . N.RAMAIAH AGED ABOUT 66 YEARS, S/O LATE N.CHANNAIAH, NO.6, 3RD CROSS, DODDABOMMASANDRA, BENGALURU-560097.
2 . KEMPAMMA AGED ABOUT 56 YEARS, W/O N.RAMAIAH, NO.6, 3RD CROSS, DODDABOMMASANDRA, BENGALURU-560 097.
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3 . SHAFIULLA BAIG
AGE: MAJOR, S/O LATE RAHIM BAIG, R/AT NO.751, LABOUR COLONY, MARUTHI NILAYA, HALHALLI EXTENSION, NEAR MUSLIM BLOCK, MANDYA DISTRICT-577 401.
... RESPONDENTS
(NOTICE TO R1 AND R2 HELD SUFFICIENT VIDE ORDER DATED 16.02.2016; NOTICE TO R3 DISPENSED WITH VIDE ORDER DATED 01.09.2015)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.10.2011 PASSED IN MVC.NO.4590/2009 ON THE FILE OF THE X ADDITIONAL SMALL CAUSES JUDGE AND XXXV ACMM, BENGALURU, AWARDING A COMPENSATION OF Rs.5,66,200/WITH INTEREST @ 8% P.A. ON Rs.5,31,100/- FROM THE DATE OF PETITION TILL PAYMENT.
THIS M.F.A. COMING ON FOR ADMISSION THROUGH ‘VIDEO CONFERENCE’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant would submit that the
claimants appeal in MFA No.1842/2012 has already been allowed. Hence, this appeal would not survive for consideration.
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it does not survive for consideration.
The statutory deposit made by the appellant is ordered to be transmitted to the Tribunal to refund the said amount to the appellant.
Sd/JUDGE
PYR
THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD.
N.RAMAIAH
KEMPAMMA
SHAFIULLA BAIG
H.P. SANDESH
As recorded by the court registry
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