Dismissed

M/S National Insurance Company Ltd. v. Mr B Malathesha

Karnataka HC21 Nov 2023MFA/504/2017

Case brief

AI extract

What is this about?

Miscellaneous First Appeal against an award of compensation in a motor vehicle accident case. Notice to the vehicle owner was dispensed with; steps were directed to issue notice to the insured. Failure to comply resulted in dismissal.

What did the court decide?

Notice to respondent No. 2 dispensed with; appellant directed to issue notice to respondent No. 1 within two weeks.

M/S National Insurance Company Ltd. Vs Mr B Malathesha — Banking and Recovery | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023

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BEFORE

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THE HON’BLE SMT. JUSTICE LALITHA KANNEGANTI

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MISCELLANEOUS FIRST APPEAL NO.504 OF 2017

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BETWEEN

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M/S NATIONAL INSURANCE COMPANY LTD., 1^ST FLOOR, S S COMPLEX, B H ROAD, SHIMOGA, REPRESENTED BY REGIONAL OFFICE, NO.144, M G ROAD, SHUBHARAM COMPLEX, BANGALORE.

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……..Appellant

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(By Smt. Geetharaj, Advocate)

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AND

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MR.B.MALATHESHA, S/O BASAVANYAPPA J, AGED ABOUT 32 YEARS, RESIDENT OF NEAR MANJUNATHA RICE MILL, M K K ROAD RIGHT SIDE, THIMMAPPANAKOPPALU, SHIVAMOGA CITY.

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Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA

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MR.SIMHADRI YADAV, S/O MANJUNATHA, AGED ABOUT 32 YEARS, RESIDING AT MANJUNATHA RICE MILL, MKK ROAD RIGHT SIDE, THIMMAPPANAKOPPALU, SHIVAMOGA CITY.

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MFA.No.504/2017 2

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MR. K S MOHANA

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S/O K N SOMSHEKARAPPA AGED ABOUT 33 YEARS, RESDIENT OF DODDINALA VILLAGE, CHITRADURGA DISTRICT.

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……Respondents

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(By Sri. G.K.Bhat, Advocate for R3)

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This Miscellaneous First Appeal filed U/S 173(1) of MV Act against the Judgment and Award dated 20.07.2016 passed in M.V.C No. 927/2014 on the file of the PRINCIPAL SENIOR CIVIL JUDGE, MACT-VI, SHIVAMOGGA, awarding compensation of Rs.93,000/- with interest @ 9% p.a. from the date of petition till realization.

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This Miscellaneous First Appeal is coming on for Orders this day, the Court made the following:

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ORAL ORDER

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A memo is filed seeking dispensation of notice to respondent No.2- the owner of the vehicle. As the liability is fixed on the Insurance Company, notice to respondent No.2 may be dispensed with.

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Memo is taken on file and notice to respondent No.2 is dispensed with at the risk of the appellant.

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MFA.No.504/2017 3 -------------------------Learned counsel for the appellant shall take steps for issuance of notice to respondent No.1.

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Post this matter after two weeks and by that time, if the

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steps are not taken, the appeal will stand dismissed without further reference to the Court.

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Sd/JUDGE

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NOTE: Court Order dt.21.11.2023 not complied with. Hence Appeal stands dismissed.

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COPY

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Sd/-

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[[[[[[[[[[[[[ ASSISTANT REGISTRAR T By : BR R By : YL C By : NR

M/S National Insurance Company Ltd. v. Mr B Malathesha

Case brief

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M/S National Insurance Company Ltd. v. Mr B Malathesha

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