The High Court dismissed the M.F.A. filed against a Motor Accident Claims Tribunal judgment. The court held that since the appellants did not appeal against the compensation quantum, the lower tribunal's findings could not be interfered with.
The appeal filed against the Tribunal's judgment and award was dismissed.
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 14TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.9376 OF 2017 (MV-D)
BETWEEN
ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED, 2ND FLOOR, H.V.R COMPLEX NO.89, HOSUR MAIN ROAD MADIVALA, BENGALURU NOW REP BY ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED NO.204, 1ST FLOOR MYTHRI ARCADE NEW KANTHARAJ URS ROAD SARASWATHIPURAM, MYSURU REP BY ITS MANAGER-LEGAL
...APPELLANT
(BY SRI: K.S. LAKSHMI NARASAPPA, ADVOCATE FOR SRI. A M VENKATESH, ADVOCATE-THROUGH VC)
AND
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SINCE RESP.NOS. 2 AND 3 ARE MINORS, REP BY THEIR NATURAL GUARDIAN AND MOTHER RESPONDENT NO. 1 HEREIN
ALL ARE R/O KYATAGANAKERE, NAGALAMADIKE HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT.
(BY SRI: MUSHTAQ AHMED, ADVOCATE FOR R1 TO R5; R2 & R3 ARE MINORS REPTD. BY THEIR MOTHER AND NATURAL GUARDIAN R1; V/O DATED 24.3.2022 NOTICE TO R6 IS D/W)
THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.08.2017 PASSED IN MVC NO.215/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, PAVAGADA, AWARDING COMPENSATION OF RS.15,88,000/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF CLAIM PETITION.
THIS M.F.A. COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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J U D G M E N T
acknowledgment for having deposited the amount before this Court and I.A.No.1/2021 for withdrawal of the amount, with the consent of both the parties, it is taken up for final disposal.
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ORDER
Sd/JUDGE
Prs*
ICICI Lombard General Insurance Company Limited
Smt Nagalakshmi
Chaithanyakumar
Chethan
Lakshmana
Smt Parvathamma
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
