IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE MISCELLANEOUS FIRST APPEAL NO.2700 OF 2010 (MV) BETWEEN:
SHARADA SHET W/O NAGARAJA SHET AGED ABOUT 40 YEARS, R/O KULUNJE, SHANKARANARAYANA VILLAGE, KUNDAPURA TALUK (BY SRI. PAVANA CHANDRA SHETTY.H. ADV.) AND:
1. SUBRAMANYA SHET S/O SRINIVASA SHET AGED ABOUT 32 YEARS, R/O KULUNJE, SHANKARANARAYANA VILLAGE, KUNDAPURA TQ.
2. UNITED INDIA INSURANCE CO. LTD., BRANCH: KUNDAPURA, N.H.17, KANCHAN TOWERS, KUNDAPURA, REP: BY ITS BRANCH MANAGER (BY SRI.A N KRISHNASWAMY, ADV. FOR R2; R1 IS SERVED) ... APPELLANT ... RESPONDENTS THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.12.2009 PASSED IN MVC NO.130/2004 ON THE FILE OF CIVIL JUDGE (SR.DN.) & ADDITIONAL MACT, KUNDAPURA, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T For the injuries suffered in the road traffic accident, the petitioner made claim petition before the Civil Judge (Sr. Dn.) and Additional Motor Accident Claims Tribunal, Kundapura. After service of notice and after considering the documents placed before it and evidence adduced, the Tribunal, by its order dated 04th December 2009 passed in MVC No.130 of 2004 dismissed the claim petition. Challenging the same, this appeal is preferred.
2. Having heard the learned counsel appearing for the parties and gone through the judgment of the Tribunal. The Tribunal, after hearing the parties and considering the materials on record, has dismissed the claim petition. I am of the opinion that the reason assigned by the Tribunal in dismissing the claim petition is sound and proper. No ground is made out for interference in this appeal. Appeal accordingly stands dismissed.
Sd/-
ACTING CHIEF JUSTICE lnn