IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.SOMASHEKAR MFA NO.10730 OF 2010 (MV) BETWEEN SATHISH S/O M. KRISHNA NO.526/C, NIROOPAMA NILAYA 3RD CROSS, 4TH MAIN K.N.LAYOUT, YESHWANTHPURA BENGALURU – 560 022 ... APPELLANT (BY SRI. M. ANIL KUMAR, ADVOCATE) AND 1. THE REGIONAL MANAGER NEW INDIA ASSURANCE CO. LTD. REGIONAL OFFICE, NO.2 UNITY BUILDING ANNEX MISSION ROAD, BENGALURU – 560 027 2. IIIDAYATHULLA KHAN, MAJOR S/O YAKUB KHAN M/S EXCEL TOUR & VIJAYA BANK NO.4, BELOW VIJAYA BANK YESHWANTHPURA, BENGALURU – 560 022 ... RESPONDENTS (BY SRI. M. P. SRIKANTH, ADV. FOR R1;
NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.08.2009 PASSED IN MVC NO.6388/2007 ON THE FILE OF THE ADDITIONAL JUDGE, MEMBER MACT, BENGALURU, 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 Learned counsel for appellant and so also, learned counsel for respondent No.1 are present.
Learned counsel for respondent No.1 has filed a memo stating that the appellant has filed two different appeals against the same MVC No.6388/2007. The very same appellant has filed MFA No.2014/2011 and the same has been disposed of on 26.03.2012 and the award has been satisfied by the respondent – insurer. Hence, sought for dismissal of the present appeal.
The memo is placed on record. Accordingly, the appeal is dismissed for the reasons stated in the memo.
Sd/- JUDGE DKB