Dismissed¶35

Sri Valerian Rajesh Lobo v. the United India Insurance Co. Ltd.

Karnataka HC9 Jan 2025MFA.CROB/138/2017

Case brief

AI extract

What is this about?

Karnataka HC dismisses MV cross objection (MFA.CROB No.138/2017, decided 09-01-2025) for want of representation by cross objector, respondent No.2's non-compliance despite opportunity, and 898-day filing delay; enhancement of motor accident compensation from award dated 04.06.2014 in MVC No.1563/2012 (MACT, D.K., Mangalore) never adjudicated; Order 41 Rule 22 CPC; Sec. 173(1) MV Act; bench: K.S. Mudagal and C.M. Poonacha JJ.

What did the court decide?

No representation appeared for the cross objector on the date of this order. ¶29

Sri Valerian Rajesh Lobo Vs the United India… — Motor Accident Claims | Karnataka HC (2025)

¶1

1 - NC: 2025:KHC:806-DB MFA.CROB No.138/2017

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2025

¶3

PRESENT

¶4

THE HON'BLE MRS JUSTICE K.S.MUDAGAL

¶5

AND

¶6

THE HON'BLE MR JUSTICE C.M. POONACHA MFA CROSS OBJECTION NO.138/2017 (MV-D)

¶7

BETWEEN:

¶8

SRI VALERIAN RAJESH LOBO S/O LATE EMMANUEL LOBO AGED ABOUT 46 YEARS,

¶9

KUM RELWEENA RISHAL LOBO D/O VELERIAN RAJESH LOBO AGED ABOUT 14 YEARS,

¶10

KUM ROSHNI REYOLA LOBO D/O VALERIAN RAJESH LOBO AGED ABOUT 12 YEARS,

¶11

CROSS OBJECTOR 2 AND 3 ARE MINORS

¶12

AND ARE REPRESENTED BY CROSS OBJECTOR NO.1 WHO IS THEIR FATHER AND

¶13

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

¶14

NATURAL GUARDIAN RESIDING AT LOBO VILLA BEHIND GURUDEV TOWERS, KAVOOR KATTE,

¶15

KAVOOR MANGALORE … CROSS OBJECTORS

¶16

(BY SMT. PUSHPAVENI AJITH.,ADVOCATE(ABSENT))

¶17

AND:

¶18

THE UNITED INDIA INSURANCE CO LTD VARANASI TOWERS MISSION STREET BUNDER, MANGALORE

¶19

SRI ABUBAKKAR S/O MOHAMMED RESIDING AT No.5/86,

¶20

NEERAMARGA POST, MANGALORE … RESPONDENTS

¶21

(BY SMT HARINI SHIVANANDA, ADVOCATE FOR R1)

¶22

2 - NC: 2025:KHC:806-DB MFA.CROB No.138/2017

¶23

THIS MFA.CROB IS FILED U/O 41 RULE 22 OF CPC, R/W SEC. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.06.2014 PASSED IN MVC NO.1563/2012 ON THE FILE OF THE IV ADDITIONAL DISTRICT & SESSIONS JUDGE, MEMBER, MACT, D.K., MANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC.

¶24

THIS M.F.A. CROB. COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶25

CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and

¶26

HON'BLE MR JUSTICE C.M. POONACHA

¶27

ORAL JUDGMENT

¶28

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

¶29

No representation for the cross objector.