Cross-objection seeking enhancement of compensation filed under Order 41 Rule 22 CPC against a MACT award was disposed of as there was no scope for consideration on merits due to a final order modifying the award in a separate appeal filed by the insurance company.
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NC: 2024:KHC-D:2019 MFA.CROB No. 776 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA MFA CROSS OBJ NO.776 OF 2012 (MV)
BETWEEN:
…CROSS OBJECTORS
(BY SRI. ROSHAN CHABBI, ADVOCATE FOR SRI. S.S. BALLOLI, ADVOCATE)
AND:
Digitally signed by SAMREEN AYUB DESHNUR Date: 2024.02.01 14:27:21 +0530
…RESPONDENTS
(BY SRI. S.K. KAYAKAMATH, ADVOCATE FOR R2; SRI. GURUKUMAR V.A., ADVOCATE FOR R1)
THIS MFA.CROB IN MFA.NO.22130/2011 FILED U/O.41 RULE 22 (1) OF THE CODE OF CIVIL PROCEDURE, 1908, AGAINST JUDGMENT AND AWARD DATED 22.09.2010, PASSED IN MVC.NO.2729/2004 ON THE FILE OF THE MEMBER, ADDL. MACT, SAUNDATTI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
NC: 2024:KHC-D:2019 MFA.CROB No. 776 of 2012
THIS MFA.CROB, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
Heard Sri.Roshan Chabbi on behalf of Sri.S.S.Balloli for the appellants and Sri.S.K.Kayakamath for respondent
– Insurance Company.
judgment and award passed in MVC No.2729/2004 was also subject matter in MFA No.22130/2011 before this Court.
The said appeal, on contest, came to be allowed in part and judgment and award came to be modified by order dated 13.03.2012.
there for this Court to consider the present cross-objection
on merits.
NC: 2024:KHC-D:2019 MFA.CROB No. 776 of 2012
view of final order came to be passed on 13.03.2012 in
MFA No.22130/2011.
Sd/JUDGE
SH List No.: 1 Sl No.: 46
1 provisions across 1 enactments
Nagaraj
The Divisional Manager, Oriental Insurance Co. Ltd.
V. Srishananda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
