Dismissed¶¶27

M/S Icici Lombard General Insurace Co. Ltd., v. Govindanaik

Karnataka HC10 Jul 2025MFA/2648/2017

Case brief

AI extract

What is this about?

Karnataka HC, MFA No.2648/2017 (MV-I), ICICI Lombard General Insurance Co Ltd v. Govindanaik & Anr — insurer's appeal against motor-accident compensation award (Rs.2,63,000 plus 9% p.a. interest, MVC No.1876/2014, Senior Civil Judge and JMFC, Arsikere) dismissed as withdrawn as infructuous after the claimant's cross-appeal MFA No.462/2020 was settled in Lok-Adalat; refund of the insurer's deposit directed. Keywords: withdrawal of appeal; infructuous appeal; Lok Adalat settlement; refund of deposited amount; S.173(1) MV Act; no merits decided.

What did the court decide?

Refund to the appellant/Insurance Company of the amount deposited by it. ¶¶27

M/S Icici Lombard General Insurace Co. Ltd., Vs Govindanaik — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:25154 MFA No. 2648 of 2017

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.2648 OF 2017 (MV-I)

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BETWEEN:

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M/S ICICI LOMBARD GENERAL INSURANCE CO LTD., 414, VEER SAVARKAR MARG, NEAR SIDDI VINAYAKA TEMPLE, PRABHADEVI, MUMBAI - 400 025.

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NOW REP BY ITS MANAGER M/S ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.121, THE ESTATE, 9^TH FLOOR, DICKENSON ROAD, M.G.ROAD, BANGALORE - 560 042.

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…APPELLANT

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(BY SRI. ASHOK N PATIL, ADVOCATE)

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AND:

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Digitally signed by NIRMALA DEVI

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Location: HIGH COURT OF KARNATAKA

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GOVINDANAIK S/O LATE VALYA NAIK, NOW AGED ABOUT 59 YEARS, R/O SRI VEERABHADRESHWARASWAMY RURAL HIGH SCHOOL, KANAKATTE, KANAKATTE HOBLI, ARSIKERE TALUK.

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MURTHY S/O KONDABOVI, NOW AGED ABOUT 49 YEARS, R/O MANNUVADDARAHATTI VILLAGE, KANAKATTE HOBLI, ARASIKERE TALUK (OWNER OF THE TATA ACE REG NO.KA-19-X-5973) …RESPONDENTS (BY SRI. K G SADASHIVAIAH ADVOCATE FOR R1 .,)

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2 - NC: 2025:KHC:25154 MFA No. 2648 of 2017

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HC-KAR

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THIS MFA IS FILED UNDER U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED03.01.2017 PASSED IN MVC NO.1876/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARSIKERE, AWARDING COMPENSATION AMOUNT OF RS.2,63,000/- WITH INTEREST AT 9% P.A. ROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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Learned counsel for the appellant has filed a Memo, which reads as follows:

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“MEMO

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The appellant Insurance Company has challenged the Judgment and Award and the claimant had filed MFA No.462/2020 and the said appeal came to settled in Lok-Adalath.

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In view of the above the appeal of the Insurance company has become infructuous. Hence, the appellant seeks for withdraw the appeal as infructuous. Hence this Memo.”

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In view of the same, the above appeal is dismissed as withdrawn.

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The amount deposited by the appellant/Insurance Company be refunded to appellant.

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Sd/(C.M. POONACHA) JUDGE

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DR/List No.: 1 Sl No.: 3

M/S Icici Lombard General Insurace Co. Ltd., v. Govindanaik

Case brief

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M/S Icici Lombard General Insurace Co. Ltd., v. Govindanaik

Case brief

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