The High Court of Karnataka dismissed Miscellaneous First Appeal No. 7142 of 2019 on the meritless ground that the appellant had already withdrawn the same appeal before a Lok Adalath, rendering the present appeal moot.
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.
MFA No. 7142 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 7142 OF 2019 (MV-I)
BETWEEN:
SRI MAHADEVA N S/O LATE NARAYANASWAMY AGED ABOUT 30 YEARS RESIDING AT NO.14, E.HOSURU KUNDANA HOBLI HEGGANAHALLI DEVANAHALLI TALUK BANGALORE DISTRICT-562110.
…APPELLANT
(BY SRI. BAGOJI VIJAYAKUMAR GURAPPA., ADVOCATE)
AND:
Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka
MFA No. 7142 of 2019
RESIDENCY ROAD CROSS BANGALORE-560025.
…RESPONDENTS
(BY SRI. SRIDHARA K., ADVOCATE FOR R2: NOTICE TO R1 IS SERVED BU UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 16.04.2019 PASSED IN MVC NO.6078/2018 ON THE FILE OF THE XXI ACMM AND XXIII ASCJ, MACT, COURT OF SMALL CAUSES, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The learned counsel for the respondent-Insurance Company has filed a memo for dismissal of the appeal on the ground that MFA No.5015/2020 filed by the claimant/appellant challenging the very same judgment and award of the Tribunal passed by the MACT, Bangalore in MVC No.6078/2018 has been disposed on 27.3.2021
MFA No. 7142 of 2019
before the Lok Adalath. Hence, the present appeal is not maintainable.
appellant has filed a memo seeking permission of this Court to withdraw the appeal.
The memo is taken on record.
withdrawn.
pending interlocutory applications are disposed of.
Sd/JUDGE
DM
List No.: 2 Sl No.: 4
Sri Mahadeva N S/o Late Narayanaswamy
Kailash Chand Jat
The Oriental Insurance Co. Ltd.
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
