Single Judge of Karnataka High Court dismissed an appeal against a Motor Accidents Claims Tribunal award. The court held the appeal was not maintainable as a related matter arising from the same accident was already disposed of by a Division Bench.
Appeal held not maintainable and disposed of.
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 21ST DAY OF OCTOBER 2022
BEFORE
THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA NO.1481 OF 2012(MV)
BETWEEN:
SMT ERAMMA W/O LATE RAMAKRISHNAIAH AGED ABOUT 41 YEARS HASIRUVALLI VILLAGE JAKKANAHALLI POST THYAMAGONDLU HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT.
...APPELLANT
(BY SRI. GOVARDHANA V S., ADV.)
AND:
1 . THE REGIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., NO.346, 2ND FLOOR MANANADI COURT 27TH CROSS, JAYANAGAR 3RD BLOCK, BANGALORE-560011.
S/O LATE C R RAMACHANDRAN AGED ABOUT 57 YEARS NO.62, BUGLE ROCK ROAD (GANDHI BAZAR ROAD) BASAVANAGUDI BANGALORE-560004.
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AND ALSO AT NO.51 12TH MAIN ,13TH CROSS PADMANABHANAGAR BANGALORE-70.
…RESPONDENTS
(BY SRI. C.R. RAVISHANKAR, ADV. FOR R1: SRI.G V DAYANANDA, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.10.2011 PASSED IN MVC NO.258/2010 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri C. R. Ravishankar, learned counsel appearing
for the Insurance Company has submitted that MFA No.55/2012 arising out of the same accident filed
by the claimant has been disposed of on 24.04.2014.
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learned counsel for the appellant. Accordingly, the present appeal is not maintainable.
In view of judgment of Division Bench of this Court in MFA No.55/2012, the above appeal is disposed of.
Sd/JUDGE
HA/-
Smt Eramma w/o Late Ramakrishnaiah
The Regional Manager The New India Assurance Co. Ltd.
Mr R Arjun
H. T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
