IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN Miscellaneous First Appeal No.5374/2009 (MV) BETWEEN :
RAJESHWARI RAJU W/O HEMANTH RAJU AGED ABOUT 43 YEARS R/AT NO.1124/1, ARCHANA, 3RD MAIN, 5TH CROSS, 2ND STAGE, ‘E’ BLOCK, RAJAJINAGAR BANGALORE-560010 ...APPELLANT (BY SRI SHRIPAD V. SHASTRI, ADV.) AND :
1. BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., NO.105/A, 107A CEARS PLAZA, 136, RESIDENCY ROAD, BANGALORE-25.
2. Mr. H.NATARAJ S/O HANUMAIAH, MAJOR R/AT NO.26, "M" BLOCK 2ND STAGE, 5TH MAIN, KUVEMPUNAGAR MYSORE-23 …RESPONDENTS (BY SRI O.MAHESH, ADV. FOR R-1;
VIDE COURT ORDER DATED 12.07.2010 NOTICE TO R-2 IS DISPENSED WITH.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2009 PASSED IN MVC NO.2324/2008 ON THE FILE OF - 2 -
XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-4, METROPOLITAN AREA, BANGALORE (SCCH No.4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION..
THIS M.F.A. COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
Judgment The claimant has filed this appeal for enhancement while challenging the award dated 27.1.2009 passed by the Motor Accident Claims Tribunal, Court of Small Causes, Bangalore (SCC-4). However, in the connected appeal viz., MFA No.4433/2009 filed by the Insurance company, this Court has already set-aside the impugned award. Therefore the present appeal stands dismissed.
sd/- Judge ln.