IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ MISCELLANEOUS FIRST APPEAL No.7550/2017 (MV) Between:
1. H.P. Thimmaiah, S/o Patel Hucharao, Aged about 46 years, 2. Rekha D/o H.P. Thimmaiah, Aged about 19 years, 3. Devaraja S/o H.P. Thimmaiah, Aged about 21 years, All are R/o Devara Honnalli Village, Honnali Taluk, Davanagere District.
(By Sri. Padmanabha.R, Advocate) And:
1. M. Shankarappa, S/o. B.G. Manjappa, Aged about 43 years, R/o Navule Basavapura Village, Bhadravathi Taluk, Shivamogga District, ... Appellants Pin:
Owner of motorcycle Bearing Reg No.
KA-14/Y-4628.
2. H. Pandurangaiah, S/o. Hanumanthaiah, Aged about 28 years, R/o Arahatholalu Village, Bhadravathi Taluk, Shivamogga District, Pin:
Rider of motorcycle Bearing Reg No.
KA-14/Y-4628.
3. The Branch Manager, National Insurance Co. Ltd., 1st Floor, S.S. Complex, B.H. Road, Shivamogga, Pin-577201 Insurer of motorcycle Bearing Reg No.
KA-14/Y-4628. ... Respondents This Miscellaneous First Appeal is filed under Section 173 of MV Act, praying to call for the records and set aside the award dated 31.03.2017 passed in M.V.C.No.271/2015 passed by the Senior Civil Judge & Additional MACT Harihar, Itinerary at Honnali in so far as it relates to denial of the entire claim amount of Rs.22,95,000/- made by the appellants and consequently allow the claim in its case as prayed for by allowing this appeal and pass an order as to costs and other releif’s as this Hon’ble Court deems fit under the facts and circumstances of the case and in the interest of justice and equity.
This Appeal coming on for Orders, this day, the Court delivered the following:
J U D G M E N T The office objections are not complied with.
In view of the order passed on 30.11.2018, the appeal stands dismissed for non-compliance of the office objections.
sd/- JUDGE DS