IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN M.F.A. No.6935/2009 (MV) C/w.
M.F.A. Cross Objection No.22/2013 In MFA.No.6935/2009 (MV) In M.F.A. No.6935/2009:
Between :
Smt. Hoovamma W/o. Thimmaiah, Aged about 35 years, R/o. Naryanapura Village, Kasaba Hobli, Belur Taluk, Hassan District. …Appellant (By C. R. Gopalaswamy, Advocate (Absent)) And :
1. M. B. Chandregowda S/o. M. T. Basavegowda, R/at Chandragiri Estate, Makonahalli Village, Mudigere Taluk, Chikmagalur District.
2. The New India Assurance Co. Ltd., Branch Office, Harshamahal Road, Hassan, Represented by its Branch Manager. …Respondents (By Sri Vighneshwara S. Shastri, Advocate for R-1; Sri Vishwanath S. Shettar, Advocate for R-2) This MFA is filed under Section 173(1) of Motor Vehicle Act 1939, against the judgment and award dated 06.07.2009 passed in MVC No.52/2008 on the file of Civil Judge (Sr. Dn.) & Additional MACT, Belur, partly allowing the claim petition for compensation and seeking enhancement of compensation with interest at 9% P. A. and etc.
In M.F.A. Cross Objection No.22/2013:
Between :
M. B. Chandregowda S/o. M. T. Basavegowda, Aged about 67 years, R/at Chandragiri Estate, Makonahalli Village, Mudigere Taluk, Chikmagalur District. …Cross Objector (By Sri Vighneshwara S. Shastri, Advocate (Absent)) And :
1. Smt. Hoovamma W/o. Thimmaiah, Aged about 37 years, R/o. Naryanapura Village, Kasaba Hobli, Hassan District.
2. The New India Assurance Company Ltd., Branch Office, Harshamahal Road, Hassan, Represented by its Branch Manager. …Respondents (By Sri C. R. Gopalaswamy, Advocate for R-1; Sri Vishwanath S. Shettar, Advocate for R-2) This MFA Cross Objection is filed under Order 41 Rule 22 of the CPC 1908, against the judgment and award dated 06.07.2009 passed in MVC No.52/2008 on the file of the Civil Judge (Sr. Dn.) and Additional MACT, Belur, awarding a compensation of Rs.60,000/-with interest at 6% P.A. from the date of petition till payment.
These MFA and Cross Objections coming on for Hearing this day, the Court delivered the following :
JUDGMENT None present for the parties even in the second round. Therefore, the Appeal, as well as the Cross Objection are dismissed for non-prosecution.
Sd/- JUDGE *bk/-