The High Court of Karnataka dismissed a miscellaneous first appeal filed under Section 173(1) of the Motor Vehicles Act due to a settlement reported by the appellant's counsel.
The main appeal and the IA were dismissed; the deposited amount was ordered to be transmitted to the Tribunal.
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.
NC: 2023:KHC:24371 MFA No. 930 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 930 OF 2018 (MV-I)
BETWEEN:
NEW INDIA ASSURANCE CO. LTD., T.P. HUB, MAHALAXMI CHAMBERS, 1ST FLOOR, M.G. ROAD, BANGALORE - 560 001.
BY REGIONAL OFFICE, III PARTY HUB, MAHALAXMI CHAMBERS, M.G. ROAD, BANGALORE - 560 001. BY IT'S MANAGER.
…APPELLANT
(BY SRI. O. MAHESH, ADVOCATE (THROUGH VC)
Digitally signed by T S NAGARATHNA Location: High Court of Karnataka
AND:
NC: 2023:KHC:24371 MFA No. 930 of 2018
PROP: SRI. VIJAYA MOTOR SERVICES, NO.1336, FORT STREET, VIJAYAPURA, DEVANAHALLI, BENGALURU - 562 135.
…RESPONDENTS
(BY SRI. G.V. DAYANANDA, ADVOCATE FOR R2 (ABSENT); R1 - SERVED, UNREPRESENTED)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 01.09.2017 PASSED IN MVC NO.493/2016 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, & XXIV ACMM, MACT, MAYO HALL UNIT, BANGALORE, C/C OF XV ADDITIONAL SMALL CAUSES JUDGE, & XXIII ACMM, BENGALURU, AWARDING COMPENSATION OF RS.30,62,000/- WITH INTEREST @ 9% P.A. (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel for the appellant files a memo that the matter is settled.
counsel for the appellant, the appeal is dismissed in view of the settlement reported between the parties.
also dismissed.
Sd/JUDGE
TS List No.: 1 Sl No.: 58
NEW INDIA ASSURANCE CO. LTD.
RAGHU KUMAR D.M.
GEETHESH V.
CM JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
