Dismissed

The Divisional Manager Oriental Insurance Co. Ltd. v. Smt Manjula

Karnataka HC25 Aug 2022MFA/5772/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka Bench of Bengaluru rejected the appellant insurer's request to withdraw the appeal in favor of filing a fresh appeal before the Dharwad Bench, dismissing the current appeal as withdrawn while excluding the time spent for limitation purposes.

What did the court decide?

Liberty to file the appeal afresh before the High Court of Karnataka, Dharwad Bench, and return of deposit and certified copy.

The Divisional Manager Oriental Insurance Co. Ltd. Vs Smt Manjula — Insurance | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR

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M.F.A.No.5772/2022 (MV)

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BETWEEN:

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THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO., LTD., HEAD OFFICE AT NEW DELHI BY ITS BRANCH OFFICE AND POLICY ISSUING OFFICE SRI SHARADA COMPLEX 1ST FLOOR, OPPOSITE KSRTC BUS STAND P.B.ROAD, CHITRADURGA CITY NOW REPRESENTED BY ITS SR. DIVISIONAL MANAGER DIVISIONAL OFFICE, C.G.HOSPITAL ROAD OPP. VIDYARTHI BHAVAN DAVANAGERE - 577 002

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… APPELLANT

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(BY SRI H.C.VRUSHABHENDRAIAH, ADVOCATE)

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AND:

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SMT. MANJULA W/O. KRUSHNAPPA AGED ABOUT 27 YEARS OCC. AGRI., R/O. SHIVAPURA VILLAGE HUVINAHADAGALI TALUK BELLARY DISTRICT - 583 219

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ANGADI NAVEEEN S/O. ANGADI SHIVALINGAPPA AGED ABOUT 29 YEARS OCC. BUS CONDUCTOR R/O. BASAMMA BHOVI COLONY BEHIND POLICE STATION KOTUR TOWN, KUDLI TALUK BELLARI DISTRICT - 583 134

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RAMESH S/O. KARIYAPPA AGED ABOUT 37 YEARS OCC. DRIVER OF AMARESHWARA PRIVATE BUS PALLAGATTI VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT - 583 131

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SATHISH M.R. S/O. RENUKARYA AGED ABOUT 47 YEARS OCC. OWNER OF THE AMARESHWARA PRIVATE BUS R/O. AMARESHWARA MOTORS HOLALKERE ROAD KUMBARRA BEEDI CHITRADURGA CITY - 515 281

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… RESPONDENTS

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THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:14.02.2022 PASSED IN MVC No.209/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, HARAPANAHALLI, AWARDING COMPENSATION OF RS.4,06,000/WITH INTEREST AT 9% P.A., FROM THE DATE OF PETITION TILL PAYMENT OF THE ENTIRE AMOUNT.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Learned counsel for the appellant has filed a memo

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seeking withdrawal of the appeal with liberty to file the appeal with liberty to file the appeal before the Dharwad Bench.

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The judgment and award passed by the

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Senior Civil Judge and JMFC, Harapanahalli, coming within the jurisdiction of Bellary District. Therefore, it is ordered that the appeal be dismissed as withdrawn with liberty to file an appeal afresh before the High Court of Karnataka, Dharwad Bench, Dharwad.

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Registry is directed to return the deposit amount and also return the certified copy of the judgment and award to the appellant.

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The time spent for filing of this appeal from the date of filing of appeal till today is excluded for the purpose of limitation.

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Accordingly, the appeal is disposed of on the

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roll of this Registry of Principal Bench.

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Sd/-

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JUDGE

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The Divisional Manager Oriental Insurance Co. Ltd. v. Smt Manjula

Case brief

What is this about?

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The Divisional Manager Oriental Insurance Co. Ltd. v. Smt Manjula

Case brief

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