IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL No.1097/2015 (MV) BETWEEN SRI AHAMED BAVA S/O LATE MONU, SAHEB @ HASANABBA, AGED ABOUT 48 YEARS, R/AT KELARKALABETTU POST, UDUPI TALUK AND DISTRICT-574113. ... APPELLANT (BY SRI. SACHIN B S., ADV.) AND 1. SMT SAVITHA S RAO S/O SRI SANJEEVA RAO, AGED ABOUT 34 YEARS, R/AT KALYAN PURA, UDUPI TALUK AND DISTRICT-574113.
2. NEW INDIA ASSURANCE CO. LIMITED, REPD. BY ITS DIVISIONAL MANAGER, 2ND FLOOR, SRI RAM ARCADE, OPP. HEAD OFFICE, UDUPI TALUK AND DISTRICT-574113.
3. SRI ASHRAF, S/O MONU, SAHEB @ HASANABBA, AGED ABOUT 42 YEARS, R/AT KRISHNAMURTHY NAGAR, GARDIMAJAL, KELARKALABETTU POST, UDUPI TALUK AND DISTRICT-574113. ... RESPONDENTS (V.C.O. DATED 09/02/15 NOTICE TO R1 & R2 - DISPENSED WITH.
R3 – SERVED) * * * THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:17.11.2014 PASSED IN MVC NO.403/2010 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE & ADDITIONAL MACT., UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS MFA COMING ON FOR ‘FINAL HEARING’ THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is by respondent No.3 in M.V.C. No.403/2010 on the file of the Principal Senior Civil Judge and Additional M.A.C.T., Udupi, being aggrieved by the compensation awarded to him along with respondent No.3 herein.
2. Heard the learned counsel for the appellant.
3. The Claims Tribunal after considering the necessary materials has come to correct conclusion that the appellant is the son through a first wife and respondent No.3 is the son through a second wife of deceased Monu Saheb @ Hasanabba and thus both are entitled to compensation on the death of their father. No illegality in the said finding of the Claims Tribunal.
4. No grounds are made out to interfere with the impugned Judgment and Award of the Tribunal.
The appeal is accordingly dismissed.
Sd/- JUDGE.
CT-HR Ksm*