IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.9995/2012 (MV) BETWEEN:
1. NINGANAIKA S/O THIMMANAIKA AGED ABOUT 39 YEARS 2. SMT. DEVI BAI W/O NINGANAIKA AGED ABOUT 33 YEARS BOTH COOLIE R/O MUNDRE THANDYA AMRUTAPURA HOBLI TARIKERE TALUK CHIKMAGALUR DISTRICT- 577 101. (BY SRI.GIRISH B BALADARE, ADV.) AND:
1. THE MANAGER SRIRAMA GENERAL INS. CO. LTD., INDUSTRIAL AREA, SITHAPUR JAIPUR, RAJASTHAN.
2. R RAGHAVENDRA S/O LATE B.S. RAMAIAH AGED ABOUT 34 YEARS R/O NANDIBATTALU COLONY ... APPELLANTS TARIKERE TALUK CHIKMAGALUR DISTRICT-577101.
3. MR. KAUSHAR PASHA @ BABU S/O LATE NANNE SAB R/AT HOUSE NO.360 CINEMA THEATRE ROAD LINGADAHALLI, TARIKERE TALUK CHIKMAGALUR DISTRICT.
4. V.DHARMESHA S/O VEERAPPA R/O LAST CROSS SHANKARPURA CHIKMAGALUR DISTRICT.
(BY SRI.B PRADEEP, ADV. FOR R1 SRI BALU MAHENDRA Y.H., ADV. FOR R4 R2-NOTICE D/W V/O DT.11.03.2015 R3-SERVICE HELD SUFFICIENT) ... RESPONDENTS THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:30.12.2011 PASSED IN MVC NO.326/2009 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT AND MMACT, CHIKMAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal by the claimants, against the judgment and award dated:30.12.2011 in MVC No.326/2009 on the file of Fast Track Court and MMACT at Chikmangalur. Under the impugned judgment and award, liability has been fastened against respondents 1 and 2 therein who are the driver and owner of the offending vehicle.
2. In this appeal, 2nd and 3rd respondents are driver and owner of the vehicle in question. The appellants have not taken notice on respondent No.2 against whom, notice is dispensed with, at the request and risk of the appellant.
3. As the liability is saddled on the driver and owner of the offending vehicle, without their presence, this appeal would not be maintainable. Hence, the appeal is dismissed.
mpk/-* CT:bms Sd/-
JUDGE