Dismissed

G R Ramachandra Reddy v. Cholamandalam M.S.Gen Insu.Co.,Ltd

Karnataka HC3 Aug 2022MFA/5208/2017

Case brief

AI extract

What is this about?

The High Court dismissed the appeal under Section 173(1) of the Motor Vehicles Act as infructuous because the impugned judgment and award had been recalled by the Tribunal. The case was remanded to the Tribunal for disposal within six months.

What did the court decide?

The appeal is dismissed as infructuous. Trial Court records are directed to be returned to the Tribunal for disposal within six months.

G R Ramachandra Reddy Vs Cholamandalam M.S.Gen… — Motor Accident Claims | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE Mr. JUSTICE HANCHATE SANJEEVKUMAR

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MFA NO.5208 OF 2017 (MV)

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BETWEEN:

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G. R. RAMACHANDRA REDDY, S/O RADHAKRISHNA REDDY @ RAJENDRA REDDY, AGED ABOUT 47 YEARS, R/O BELAGATTA VILLAGE, CHITRADURGA TQ & DIST-577 501.

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…APPELLANT

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(BY SRI. SPOORTHY HEGDE N., ADVOCATE)

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AND:

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CHOLAMANDALAM M.S.GEN INSU.CO.,LTD., BY ITS BRANCH MANAGER, 1ST FLOOR, KALBURGI SQUARE, DESHPANDE NAGAR, HUBLI-580 021.

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D. SHASHIDHAR S/O SANNA VEERANNA, MAJOR, OWNER OF BOLLERO PICKUP VEHICLE, BEARING REG. NO. KA-35/B-1551, R/O # 16, BELLEKATTE ROAD, HARAKABAVI, KUDLIGI TALUK, BALLARI DIST.

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…RESPONDENTS

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(BY SRI. Y.P. VENKATAPATHI, ADVOCATE FOR R1 - (VC) R2 - NOTICE DISPENSED WITH V/O DATED 30.11.2017)

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THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.04.2017 PASSED IN MVC NO.1370/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, & ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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Learned counsel for respondent No.1 submitted that the impugned judgment and award passed in MVC No.1370/2016 dated 07.04.2017 passed by the Court of II Additional Senior Civil Judge and Additional MACT, Chitradurga has been recalled on 16.04.2018, upon the Miscellaneous Application No.27/2017 filed by respondent No.2- Insurance Company and further submitted that in this regard, the learned counsel for the appellant has also filed memo praying to dismiss the appeal has having become infructuous.

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For the reasons, the above stated judgment was recalled. Therefore, in view of fact that the judgment and award in MVC No. 1370/2016 dated 07.04.2017 was recalled by the Tribunal upon the Miscellaneous Application

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No.27/2017 stating that the appeal does not survive for consideration. Hence, the appeal is dismissed as having become infructuous.

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Registry is directed to return the Trial Court Records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay.

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The Tribunal is directed to dispose of the case within a period of six months after receipt of copy of this order and trial Court records.

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Both the parties shall appear before the Tribunal on

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05.09.2022.

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Sd/JUDGE

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G R Ramachandra Reddy v. Cholamandalam M.S.Gen Insu.Co.,Ltd

Case brief

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G R Ramachandra Reddy v. Cholamandalam M.S.Gen Insu.Co.,Ltd

Case brief

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What did the court decide?

What the court decided

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