Single bench disposed of Motor Accident Appeals filed under Section 173(1) of the Motor Vehicles Act. The court allowed two appeals as settled by parties and dismissed two others as not pressed.
MFA Nos. 1445/2016 and 1442/2016 disposed of due to settlement; transmission of deposit to Tribunal. MFA Nos. 663/2016 and 664/2016 dismissed as not pressed.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.1445/2016 A/W M.F.A.No.1442/2016, M.F.A.Nos.663/2016 AND 664/2016 (MV)
IN MFA NO.1445/2016
BETWEEN:
SRI. MANJANAIKA, AGED ABOUT 36 YEARS, S/O JMLANAIKA, R/O VENKATESHWARA NAGARA, CHALLAKERE TOWN, CHITRADURGA DISTRICT-577 501.
… APPELLANT
(BY SRI H.V.MANJUNATHA, ADVOCATE)
AND:
2
TRAILER BEARING REGN. NO.KA-16-TA-5212-13, R/AT VENKATESHWARA NAGARA, CHALLKERE TOWN-577501.
... RESPONDENTS
(BY SRI SPOORTHY HEGDE, ADVOCATE FOR R1, R2-SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED IN MVC NO.104/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, AWARDING COMPENSATION OF RS.2,13,336/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC.,
IN MFA NO.1442/2016
BETWEEN:
SRI MANJANAIKA, AGED ABOUT 36 YEARS, S/O JMLANAIKA, R/O VENKATESHWARA NAGARA, CHALLAKERE TOWN-577501.
…APPELLANT
(BY SRI H.V.MANJUNATHA, ADVOCATE)
AND :
3
..REPONDENTS
(BY SRI SPOORTHY HEGDE, ADVOCATE FOR R1, R2-SERVED)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED IN MVC NO.105/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, CHALLAKERE, AWARDING COMPENSATION OF RS.90,786/WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION AND ETC.,
IN MFA NO.663/2016
BETWEEN:
THIPPESWAMY @ THIPPERUDRACHARI, S/O VENKATARAMANACHARI, AGED ABOUT 40 YEARS, RAMANJANEYA JEWELLERY WORKS, R/O MAIN ROAD, KHANAHOSAHALLI KUDLIGI TALUK, BELLARY DISTRICT-583218.
…APPELLANT
(BY SRI SPOORTHY HEGDE, ADVOCATE)
AND :
4
BEARING REG. NO.KA-16-TA-5212-5213 R/O VENKATESHWARA NAGARA, CHALLAKERE TOWN-577522.
..RESPONDENTS
(R1 AND R2 ARE SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED IN MVC NO.104/14 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,
IN MFA NO.664/2016
BETWEEN
K. VENKATESHWARACHARI, S/O SHANMUKHACHARI, AGED ABOUT 26 YEARS, VENKATADRI JEWELLERY WORKS, R/O MAIN ROAD, KHANAHOSAHALLI, KUDLIGI TALUK, BELLARY DISTRICT-583218.
…APPELLANT
(BY SRI SPOORTHY HEGDE, ADVOCATE)
AND :
5
MAJOR, DRIVER OF TRACTOR-TRAILER, BEARING REG. NO.KA-16-TA-5212-5213 R/O VENKATESHWARA NAGARA, CHALLAKERE TOWN-577522.
..RESPONDENTS (BY SRI H.V. MANJUNATHA, ADVOCATE FOR R2, R1 SERVED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.09.2015 PASSED IN MVC NO.105/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & ADDITIONAL MACT, CHALLAKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.,
THESE M.F.As. COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
Learned counsel for the appellant in
MFA.Nos.1445/2016 and 1442/2016 has filed a memo
stating that the appellant and respondents herein
have settled the matters out of Court on 16.04.2021
6
and also produced the order sheet in Ex.Case No.21/2016.
appellant and respondents out of Court, appeals do not survive for consideration. Hence, MFA.Nos.1445/2016 and 1442/2016 are disposed of.
4. The statutory amount in deposit along with
interest shall be transmitted to the Tribunal along with TCR and copy of this order forthwith.
7
and 664/2016 are dismissed as not pressed.
Sd/-
JUDGE
PB
1 provisions across 1 enactments
Sri Manjanaika
Thippeswamy @ Thipperudrachari
Thippesha D.
K. Venkateshwarachari
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
