These motor accident compensation appeals filed under Section 173(1) of the Motor Vehicles Act were disposed of by the High Court of Karnataka, Bengaluru, after the appellant requested withdrawal.
Dismissal of appeals as withdrawn; order to transmit deposit amount to Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.569/2014 (MV) C/W. M.F.A.NO.570/2014 (MV) M.F.A.NO.571/2014 (MV)
IN M.F.A.NO.569/2014:
BETWEEN:
THE LEGAL MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SRI LAKSHMI COMPLEX, FRONT OF B.S.N.L., B.M ROAD, HASSAN. BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, GOLDEN HEIGHTS, 4TH LEVEL, NO.1/2, 59TH CROSS, 4TH "M" BLOCK, RAJAJINAGAR, BENGALURU-560010. BY ITS MANAGER. … APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
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S/O HANUMEGOWDA, KETTE KYATHANAHALLI VILLAGE, MANDYA DISTRICT-571401.
... RESPONDENTS
(BY SRI B. ROOPESHA, ADVOCATE FOR R-1; R-2 – SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2013 PASSED IN MVC.NO.19/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.PET, AWARDING A COMPENSATION OF Rs.1,98,550/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A.NO.570/2014:
BETWEEN:
THE LEGAL MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SRI LAKSHMI COMPLEX, FRONT OF B.S.N.L., B.M. ROAD, HASSAN, BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, GOLDEN HEIGHTS, 4TH LEVEL, NO.1/2, 59TH CROSS, 4TH "M" BLOCK, RAJAJINAGAR, BENGALURU-560010. BY ITS MANAGER. … APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
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(RESPONDENTS ARE SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2013 PASSED IN MVC.NO.18/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.PET, AWARDING A COMPENSATION OF Rs.1,54,125/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIAZATION OF THE ENTIRE AMOUNT.
IN M.F.A.NO.571/2014:
BETWEEN:
THE LEGAL MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, SRI LAKSHMI COMPLEX, FRONT OF B.S.N.L., B.M. ROAD, HASSAN BY BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, GOLDEN HEIGHTS, 4TH LEVEL NO.1/2, 59TH CROSS, 4TH "M" BLOCK, RAJAJINAGAR, BENGALURU-560010, BY ITS MANAGER. … APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
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(RESPONDENTS ARE SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2013 PASSED IN MVC.NO.17/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, K.R.PET, AWARDING A COMPENSATION OF Rs.6,000/WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIAZATION OF THE ENTIRE AMOUNT.
THESE M.F.As’ COMING ON FOR ORDERS THROUGH ‘VIDEO CONFERENCE’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The learned counsel for the appellant has filed a memo for withdrawal of the appeals.
Sd/JUDGE
MD
2 issues framed by the court
Whether an appeal filed under Section 173(1) of the Motor Vehicles Act is maintainable where the appellant has applied to withdraw the appeal.
What is the procedural consequence when an appellant applies for withdrawal of a filed appeal under Section 173(1) of the Motor Vehicles Act?
Bahaj Allianz General Insurance Company Limited
Rajanna
Mohana
Noorullakhan
Seyeed Nayaz
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
