IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM M.F.A.NO.831/2012( MV-D) C/W M.F.A.NO.832/2012(MV-D) IN M.F.A.NO.831/2012 BETWEEN NATIONAL INSURANCE CO LTD., NO.11/169, SUBHASH ROAD, ANANTHAPUR TOWN & DISTRICT, ANDHRA PRADESH, NOW REPRESENTED BY ITS REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G.ROAD, BANGALORE-560 001 ... APPELLANT (BY SRI A N KRISHNA SWAMY, ADVOCATE) AND 1. SMT AGNEES W/O M.BALAKRISHNA NOW AGED ABOUT 51 YEARS 2. MARY, D/O M.BALAKRISHNA NOW AGED ABOUT 33 YEARS 3. ROSE MARY D/O M.BALAKRISHNA NOW AGED ABOUT 31 YEARS ALL R/O CHICKBALLAPUR TOWN, OPP: KSRTC DEPOT, CHICKBALLAPUR DISTRICT 4. SMT. JAYALAKSHMI W/O B.JAYANTHU MAJOR #8/86, C/O R/A COIMBATORE TRADERS, COURT ROAD, ANANTHAPURA CITY & DISTRICT 5. SMT. B.KANTHAMMA W/O M.BALAKRISHNA, MAJOR 6. B.SUNITHA D/O M.BALAKRISHNA 7. ANITHA D/O M.BALAKRISHNA RESPONDENT NOS.6 & 7 HEREIN ARE SINCE MINORS REPRESENTED BY THE NATURAL GUARDIAN \MOTHER THE 5TH RESPONDENT HEREIN ALL R/A PRASHANTHNAGAR, NEAR POLICE GROUND, CHICKBALLAPUR ... RESPONDENTS (BY SRI KASHYAP N NAIK, FOR M/S.AGRAA LEGAL, ADVOCATES FOR R1 TO R3, R6 & R7 ARE MINORS REPRESENTED BY R5, VIDE ORDER DATED 19.03.2018 NOTICE TO R4 AND R5 ARE HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.8.2011 PASSED IN MVC NO.56/2001 ON THE FILE OF SENIOR CIVIL JUDGE AND CJM, AND MEMBER, ADDITIONAL MACT, CHICKBALLAPUR, AWARDING A COMPENSATION OF RS.15,56,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.
IN M.F.A.NO.832/2012 BETWEEN NATIONAL INSURANCE CO LTD., NO.11/169, SUBHASH ROAD, ANANTHAPUR TOWN & DISTRICT, ANDHRA PRADESH, NOW REPRESENTED BY ITS REGIONAL MANAGER, NATIONAL INSURANCE CO. LTD., REGIONAL OFFICE, SUBHARAM COMPLEX, 144, M.G.ROAD, BANGALORE-560 001 ... APPELLANT (BY SRI A N KRISHNA SWAMY, ADVOCATE) AND 1. SMT KANTHAMMA W/O LATE M.BALAKRISHNA MAJOR 2. KUM. P.SUNEETHA D/O LATE M.BALAKRISHNA MAJOR 3. KUM. B.ANITHA D/O LATE M.BALAKRISHNA MAJOR ALL ARE R/A PRASHANTHANAGAR, NEAR POLICE GROUNDS CHICKBALLAPUR 4. SMT. D.JAYALAKSHMI W/O D.JAYANTHU MAJOR #8/88, C/O. R/A COIMBATORE TRADERS COURT ROAD, ANANTHAPURA CITY & DISTRICT 5. DIVISIONAL MANAGER KSRTC, KOLAR DIVISION, KOLAR 6. DIVISIONAL CONTROLLER INTERNAL INSURANCE DEPOT 7. AGNEES W/O M.BALAKRISHNA NOW AGED ABOUT 51 YEARS 8. MARY D/O M.BALAKRISHNA NOW AGED ABOUT 33 YEARS 9. ROSE MARY D/O M.BALAKRISHNA NOW AGED ABOUT 31 YEARS ALL R/O OPP: KSRTC, VAPASANDRA, CHICKBALLAPUR ... RESPONDENTS (BY SRI F.S.DABALI, ADVOCATE FOR R5 & R6 SMT.SUGUNA R REDDY, ADVOCATE FOR R7 TO R9 VIDE ORDER DATED 19.03.2018 NOTICE TO R1 TO R4 ARE HELD SUFFICIENT) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:26.8.2011 PASSED IN MVC NO.65/2001 ON THE FILE OF SENIOR CIVIL JUDGE & CJM, AND MEMBER, ADDITIONAL MACT, CHICKBALLAPUR, AWARDING A COMPENSATION OF RS.15,56,000/- WITH INTEREST@ 6% P.A FROM THE DATE OF PETITION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT Respondent No.2-Insurer in MVC No.56/2001 on the file of the Senior Civil Judge & CJM & Additional MACT, Chickballapur, has come up in this appeal impugning the judgment and award dated 26.08.2011 only on the ground that the judgment impugned is erroneous in as much as the liability to pay compensation is saddled on the insurer with liberty to recover from the owner at a later stage. Since this aspect of the matter is no more res integra in as much as the same being settled by the Apex Court, this Court does not want to delve into that once again.
Accordingly, these appeals are dismissed as not maintainable.
In view of the appeals being dismissed, amount in deposit is ordered to be sent to the Tribunal for disbursement.
Sd/- JUDGE Sd/- JUDGE TL