Motor vehicle accident appeal by insurer was withdrawn after the parties amicably settled before a Lok Adalat. The court dismissed the appeal as infructuous and directed transmission of any deposited amount to the concerned 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: 2024:KHC:6745-DB MFA No. 322 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 322 OF 2021 (MV-D)
Between:
The Manager, Bharathi AXA GIC LTD., No.45/1, 5th Floor, Residency Road Cross, Bangalore-560 025. Now Rep by it’s The Manager, Bharathi AXA GIC LTD., Hosto Centre, 1st Floor, No.43, Millers Road, Vasanth Nagar, Opp. Imperial Hotel, Bangalore-560052.
…Appellant
Digitally signed by KORLAHALLIBHARATHIDEVIKRISHNACHARYA Location: High Court of Karnataka
(By Sri. Pradeep B., Advocate)
And:
W/o Late Praveen Kumar, Aged about 32 years
Since Respondents 2 and 3 are minors will be Rep. by their Mother and N/G Smt. Veena Bai
All are R/At: No.186, 72nd Cross, Kumaraswamy Layout, Bangalore. Presently R/At Jakkasandra Village, Maralavadi Hobli, Kanakapura Taluk, Ramanagara District.
…Respondents
(By Sri. Prakash M H.,Advocate)
This Miscellaneous First Appeal is filed under Section 173(1) of Motor Vehicles Act, 1988 call for records and to set aside the judgment and award dated 4th day of February 2020 passed by the Court of the XX Additional Small Causes Judge and XVIII Additional Chief Metropolitan Magistrate and MACT, Bengaluru (SCCH-22) in MVC No.1885/2018 and to pass such other order or orders as this Hon'ble Court deems fit under the facts and circumstances of the case, including the costs, in the interest of justice and equity.
This Miscellaneous First Appeal coming on for Orders through Physical Hearing/Video Conferencing this day, Dr.H.B.Prabhakara Sastry, J., delivered the following:
ORDER
Called again.
the parties amicably before the Lok Adalath, as such, the appeal has become infructuous.
In view of the memo and supporting submission, the Appeal stands dismissed as having become infructuous due to alleged settlement between the parties.
The amount deposited, if any, in this appeal be transmitted to the concerned Tribunal without delay by the registry.
Sd/JUDGE
Sd/JUDGE
bk
List No.: 1 Sl No.: 19
1 provisions across 1 enactments
The Manager, Bharathi AXA GIC LTD.
Veena Bai
Monisha P
Chaitra P
Vital Rao Byse
Prema Bai
H.B.Prabhakara Sastry
Ramachandra D. Huddar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
