Dismissed¶¶44

M D Thimmegowda v. S Mahadeva

Karnataka HC29 Jan 2025MFA.CROB/124/2013

Case brief

AI extract

What is this about?

Dismissal of motor-accident compensation appeal and cross-objection for non-compliance with peremptory order dated 13.01.2025; High Court of Karnataka, Bench of K.S. Mudagal and C.M. Poonacha JJ.; arises from MVC No.33/2011, Senior Civil Judge, MACT, Malavalli, award of Rs.3,75,000/- with 6% interest; parties: M D Thimmegowda and family (claimants/cross-objectors), S. Mahadeva (bus owner KA-42-Z-4668, appeal/cross-objection abated 10.10.2019), ICICI Lombard General Insurance Co. Ltd. (appellant); provisions: Section 173(1) MV Act, Order XLI Rule 22 CPC; themes: enhancement of compensation, abatement, peremptory order non-compliance.

What did the court decide?

The peremptory order dated 13.01.2025 was not complied with. ¶¶43

M D Thimmegowda Vs S Mahadeva — Motor Accident Claims | Karnataka HC (2025)

¶1

1 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF JANUARY, 2025 PRESENT

¶3

THE HON'BLE MRS JUSTICE K.S.MUDAGAL

¶4

AND

¶5

THE HON'BLE MR JUSTICE C.M. POONACHA MFA CROSS OBJECTION NO.124/2013 (MV-D)

¶6

C/W

¶7

MISCELLANEOUS FIRST APPEAL NO.4395/2013 (MV-D)

¶8

IN MFA.CROB No. 124/2013

¶9

BETWEEN:

¶10

M D THIMMEGOWDA S/O LATE DASEGOWDA AGED ABOUT 47 YEARS

¶11

SMT.MAHADEVAMMA AGED ABOUT 37 YEARS

¶12

SMT.P.T. SUNITHA D/O M.D. THIMMEGOWDA AGED ABOUT 21 YEARS

¶13

Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

¶14

ALL ARE RESIDENTS OF R/O PUTTEGOWDANADODDI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 401 …CROSS OBJECTORS

¶15

(BY SRI.D.V.VENKATESH, ADVOCATE)

¶16

AND:

¶17

S MAHADEVA AGED ABOUT 54 YEARS NO.1, 2^ND CROSS, 6^TH MAIN ROAD KHB COLONY, BASAVESHWARA NAGARA BANGALORE – 560 079 R/O KUNAMUDDANAHALLI VILLAGE BELABUMBA POST, KOOTAGALLU HOBLI

¶18

¶19

NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013

¶20

RAMANAGARA TALUK & DISTRICT – 562 159 (OWNER OF THE BUS NO.KA-42-Z-4668)

¶21

ICICI LOMBARD GENERAL INSURANCE CO. LTD. ZENITH HOUSE, KESHAVARAO KHADYA MARG 2^ND FLOOR, MAHALAXMI MUMBAI – 400 008 … RESPONDENTS

¶22

(BY SRI. A M VENKATESH, ADVOCATE FOR R2; VIDE ORDER DTD:10.10.2019 CROSS OBJECTION AGAINST R1 IS ABATED)

¶23

MFA CROSS OBJECTION IN MFA NO.4395/2013 IS FILED UNDER ORDER XLI RULE 22 OF CPC READ WITH SECTION 173(1) OF MV ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.03.2013 PASSED IN MVC NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶24

IN MFA NO. 4395/2013

¶25

BETWEEN:

¶26

M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED ZENITH HOUSE KESHAVARAO KHADYA MARG 2^ND FLOOR, MAHALAXMI MUMBAI

¶27

NOW REP. BY M/S. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED NO.204, 1^ST FLOOR MYTHRI ARCADE KANTHARAJ URS ROAD SARASWATHIPURAM MYSORE – 570 001 REP. BY ITS MANAGER LEGAL … APPELLANT (BY SRI. A M VENKATESH,ADVOCATE)

¶28

3 - NC: 2025:KHC:4211-DB MFA.CROB No.124/2013 C/W MFA No.4395/2013

¶29

AND:

¶30

M D THIMMEGOWDA S/O LATE DASEGOWDA AGED ABOUT 47 YEARS

¶31

SMT.MAHADEVAMMA W/O M D THIMMAGOWDA AGED ABOUT 37 YEARS

¶32

SMT.P.T. SUNITHA D/O M.D. THIMMEGOWDA AGED ABOUT 21 YEARS

¶33

ALL ARE RESIDENTS R/O PUTTEGOWDANADODDI VILLAGE C.A. KERE HOBLI, MADDUR TALUK MANDYA DISTRICT – 571 401

¶34

S. MAHADEVA S/O LATE SHIVANNEGOWDA AGED ABOUT 54 YEARS NO.1, 2^ND CROSS, 6^TH MAIN ROAD KHB COLONY BASAVESHWARANAGAR BANGALORE - 560079 R/O KUNAMUDDANAHALLI VILLAGE BELABUMBA POST KOOTAGALLU HOBLI RAMANAGAR TALUK AND

¶35

DISTRICT – 562 119 … RESPONDENTS

¶36

(BY SRI.D.V.VENKATESH, ADVOCATE FOR R1 TO R3; APPEAL AGAINST R4 IS ABATED V/O DTD:10.10.2019

¶37

MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT PRAYING TO SET ASIDE THE ORDER DATED 21.03.2013 PASSED IN MVC NO.33/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MALAVALLI, AWARDING A COMPENSATION OF RS.3,75,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

¶38

MFA CROSS OBJECTION AND MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶39