IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S. DIXIT M.F.A.NO.472 OF 2018 (MV) BETWEEN HOBYANAIKA S/O. LALYANAIKA, AGED ABOUT 40 YEARS, R/AT HOUSE NO.81, SEVALAL EXTENSION, RAYARALUTHANDA, HAMPAPATNA BELLARY ;TALUK, BELLARY DISTRICT-583 222 (BY SRI SRINIVASAN M.Y., ADVOCATE) AND:
1. THE MANAGER, NATIONAL INSURANCE CO LTD., HOSPET BUSINESS CENTRE, 1ST FLOOR, KOTA CHERUV COMPLEX, ABOVE BANK OF INDIA, STATION ROAD, HOSPET, BELLARY DISTRICT-583 201 2. PUSHPA W/O. LATE SRINIVAS G.S., AGED ABOUT 31 YEARS, 3. VARSHA D/O. LATE SRINIVASA G.S., AGED ABOUT 14 YEARS, 4. VIDHYA D/O. LATE SRINIVASA G.S., AGED ABOUT 12 YEARS 5. SUMANTH S/O. LATE SRINIVASA G.S., AGED ABOUT 10 YEARS, SINCE RESPONDENT NO.2 TO 4 ARE MINORS R/BY HIS NATURAL GUARDIAN/HIS MOTHER PUSHPA-RESPONDENT NO.2 ...APPELLANT 6. VENKATAMMA W/O. LATE SHIVAIAH, AGED ABOUT 61 YEARS, RESPONDENT NO.2 TO 6 ARE R/AT GUNDASHETTIHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TQ., HASSAN DISTRICT-573 116 …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2017, PASSED IN MVC NO.254/2017 ON THE FILE OF 4TH ADDL. DISTRICT AND SESSIONS JUDGE, HASSAN DISTRICT (SITTING AT CHANNARAYAPATNA), AWARDING COMPENSATION OF RS.14,99,000/- WITH INTEREST AT 9% PER ANNUM FROM THE DATE OF PETITION TILL REALIZATION.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT The appeal has become infructuous in view of the subsequent order of the MACT on review, whereby the liability is fastened on the Insurer.
The appeal is disposed of accordingly.
2. The Registry shall transmit the amount in deposit to the MACT which shall release the same to the appellant after the Insurer deposits the amount.
Sd/- JUDGE Sbs*