Dismissed

National Insurance Co. Ltd. v. K R Saraswathamma

Karnataka HC13 Oct 2022MFA/1388/2013

Case brief

AI extract

What is this about?

The Karnataka High Court dismissed the Motor Vehicles Appeal filed by an Insurance Company. The court held the appeal infuntuous as the connected matter disposing of the claims enhanced the compensation in favor of the claimants. Deposit was ordered refunded to the appellant.

What did the court decide?

The appeal is dismissed as infructuous; the amount in deposit, if any, is ordered to be refunded to the appellant.

National Insurance Co. Ltd. Vs K R Saraswathamma — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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M.F.A.NO.1388/2013 (MV)

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BETWEEN:

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NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, “BINDU”, II FLOOR NEW EXTENSION, KOLAR NOW REPRESENTED BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE SUBHARAM COMPLEX 144, M.G.ROAD BENGALURU-560 001.

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… APPELLANT

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(BY SRI A.N.KRISHNASWAMY, ADVOCATE [ABSENT])

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AND:

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1 . K.R. SARASWATHAMMA D/O LATE RAMACHANDRAPPA NOW AGED ABOUT 27 YEARS R/O MADERAHALLI VILLAGE VOKKALERI HOBLI KOLAR TALUK

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2 . R. RAJENDRAPRASAD S/O LATE RAMACHANDRAPPA NOW AGED ABOUT 25 YEARS

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3 . K.R. SATHISH S/O LATE RAMACHANDRAPPA NOW AGED ABOUT 23 YEARS

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RESPONDENT Nos.2 & 3 HEREIN ARE R/O KADRIPURA VILLAGE HUTHUR HOBLI, KOLAR TALUK NOW R/AT. MADERAHALLI VILLAGE VOKKALERI HOBLI, KOLAR TALUK.

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4 . SOMASHEKAR

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S/O MUNIRAMAPPA NOW AGED ABOUT 28 YEARS R/O YADAHALLI VILLAGE BALLA POST, MULBAGAL TALUK. ... RESPONDENTS

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THIS M.F.A., IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.11.2012 PASSED IN MVC NO.62/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER, MACT, KOLAR, C/C. II ADDITIONAL DISTRICT JUDGE, MEMBER, MACT., KOLAR, AWARDING A COMPENSATION OF RS.50,000/- WITH INTEREST @ 6% P.A., FROM THE DATE OF PETITION TILL PAYMENT.

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THIS M.F.A., COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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J U D G M E N T

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The learned counsel appearing for the appellant-Insurance Company submits that the connected matter i.e., MFA No.2070/2013 filed by the claimants is already disposed of by enhancing the compensation on 18.03.2020 and in view of connected matter already been disposed of by enhancing the compensation, this appeal becomes infructuous.

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Hence, the appeal is dismissed as having become infructuous.

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The amount in deposit, if any, is ordered to be refunded in favour of the appellant, on proper identification.

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Sd/JUDGE

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cp*

National Insurance Co. Ltd. v. K R Saraswathamma

Case brief

What is this about?

What did the court decide?

National Insurance Co. Ltd. v. K R Saraswathamma

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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