Claimant's appeal seeking enhancement of motor accident compensation was not decided on merits, as the owner's separate appeal had already been allowed and the matter remanded 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI MISCELLANEOUS FIRST APPEAL NO. 5965 OF 2012 (MV)
BETWEEN:
B.HANUMANTHARAJU S/O BHANGAIAH, AGED ABOUT 25 YEARS, R/AT BUGUDANAHALLI, BELLAVI HOBLI, TUMKUR TALUK.
…APPELLANT
(BY SRI.K.SHANTHARAJ., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI.SUNIL.K.N., ADVOCATE FOR SRI.RAMESH.K.R.,ADVOCATE FOR R1; SRI.PRADEEP.B., ADVOCATE FOR R2)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT 1988,
AGAINST THE JUDGMENT AND AWARD DATED:29.02.2012 PASSED IN MVC NO.875/2008 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE & MACT-XI, TUMKUR.
THIS MISCELLANEOUS FIRST APPEAL IS COMING ON FOR FINAL HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Sri.K.Shantharaj., learned counsel for the appellant, Sri.Sunil.K.N., learned counsel on behalf of Sri.Ramesh.K.R., for respondent No.1 and Sri.Pradeep.B., learned counsel for respondent No.2 have appeared in person.
The claimant Mr.B.Hanumantharaju., has preferred the captioned appeal seeking enhancement of the compensation.
Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the appeal papers and also the records with utmost care.
The owner has filed an appeal in M.F.A.No.4783/2014. This Court has allowed the appeal and remanded the matter to the Tribunal.
NC: 2024:KHC:10113 MFA No. 5965 of 2012
In view of remand, there is no need to discuss on enhancement of the compensation in this appeal filed by the claimant.
Resultantly, the Miscellaneous First Appeal is disposed
of .
Sd/JUDGE
MRP List No.: 1 Sl No.: 54.1
1 provisions across 1 enactments
B. Hanumantharaju
Suresh Babu
Bajaj Alliance General Insurance Co. Ltd.
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
