IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE H.P. SANDESH M.F.A.NO.10278/2012 C/W. M.F.A.No.10279/2012 (MV) IN M.F.A.NO.10278/2012 BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD., 1ST FLOOR, TUMKUR SHOPPING COMPLEX B.H. ROAD, TUMKUR.
REPRESENTED BY ITS REGIONAL OFFICE No.2B, UNITY BUILDING ANNEX MISSION ROAD BENGALURU-560 027.
REPRESENTED BY ITS MANAGER. … APPELLANT (BY SRI. C.R. RAVISHANKAR, ADVOCATE) AND:
1. SRI. RAVI R.S.
AGED ABOUT 22 YEARS S/O. SRI. SHIVANNA R/AT RANGAPURA NOW R/AT JYOTHINAGARA SIRA TOWN.
2. SRI. MANJUNATH AGED ABOUT 32 YEARS S/O. SRI. PUTTAIAH R/AT NIRAVAGAL VILLAGE HANDANAKERE HOBLI C.N. HALLI TALUK. ... RESPONDENTS (RESPONDENTS SERVED) THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2012 PASSED IN MVC.NO.656/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, ADDITIONAL MACT, SIRA, AWARDING A COMPENSATION OF RS.4,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN M.F.A.NO.10279/2012 BETWEEN:
THE NEW INDIA ASSURANCE CO. LTD., 1ST FLOOR, TUMKUR SHOPPING COMPLEX B.H. ROAD, TUMKUR.
REPRESENTED BY ITS REGIONAL OFFICE No.2B, UNITY BUILDING ANNEX MISSION ROAD BENGALURU-560 027.
REPRESENTED BY ITS MANAGER. … APPELLANT (BY SRI. C.R. RAVISHANKAR, ADVOCATE) AND:
1. SRI. KUMARASWAMY AGED ABOUT 20 YEARS S/O. SRI. PANDURANGAIAH R/AT RANGAPURA, BELAGUDI POST HANDANAKERE HOBLI C.N. HALLI TALUK NOW R/AT JYOTHINAGARA SIRA TOWN.
2. SRI. MANJUNATH AGED ABOUT 32 YEARS S/O. SRI. PUTTAIAH R/AT NIRAVAGAL VILLAGE HANDANAKERE HOBLI C.N. HALLI TALUK. ... RESPONDENTS (RESPONDENTS SERVED) THIS M.F.A IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2012 PASSED IN MVC.NO.657/2010 ON THE FILE OF SENIOR CIVIL JUDGE & ADDITIONAL MACT, SIRA, AWARDING A COMPENSATION OF RS.26,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T These appeals are listed for ‘admission’ today and with the consent of learned counsel for the parties, the matters are taken up for final disposal.
2. Having considered the fact that the question involved in these appeals is only with regard to directing the insurance company to pay the compensation, in view of the judgment in the case of Mukund Dewangan –vs- Oriental Ins. Co. Ltd. reported in (2016) 4 SCC 298, the appeals do not survive for consideration. Hence, I do not find any merit in the appeals.
Accordingly, the appeals are dismissed.
The amount in deposit may be transmitted to the tribunal forthwith.
Sd/- JUDGE ST