- 1 - NC: 2025:KHC:1571 MFA No. 2536 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.2536 OF 2017(MV-I) BETWEEN: THE DIVISIONAL MANAGER, NEW INDIA ASSURENCE CO. LTD., II FLOOR, CENTENARY BUILDING, GHS ROAD, MANGALORE - 575 001. (REPRESENTED BY ITS DIVISIONAL MANAGER) …APPELLANT (BY SRI. SANMATHI E. I.,ADVOCATE) AND: 1. SRI. MOHAMMED IRFAN, S/O LATE IBRAHIM, R/O MANALA KANNUR, ADYAR VILLAGE, MANGALORE TALUK - 575 001. 2. SRI. S. NAVEENKUMAR, S/O SRINIVAS, KIRODIAN 49 YEARS, R/O NO. 76-18/2, BHAVANDADI HOUSE, AGRAMELU SURATKAL, MANGALORE TALUK - 575 014. …RESPONDENTS (R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.01.2017 PASSED IN MVC NO.1202/2013 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANGALURU, D.K, AWARDING COMPENSATION OF RS.1,11,852/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1571 MFA No. 2536 of 2017 ORAL JUDGMENT Heard Sri.H.C.Vrushabhendraiah who represents Sri.E.I.Sanmathi learned counsel on record for the appellant. 2. Learned counsel for the appellant submits that the appellant challenged the order that is passed by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada in MVC No.1202/2013 dated 03.01.2017. 3. Learned counsel states that the appellant filed the appeal disputing its liability to pay compensation on the ground that the insured violated the terms and conditions of the policy. Learned counsel also submits that in the light of the recent rulings of the Hon'ble Apex Court, the cause does not survive and therefore, the appeal may be disposed of accordingly. 4. Having considered the submission thus made, the appeal stands dismissed confirming the order that is rendered by the Motor Accident Claims Tribunal, Mangaluru, Dakshina Kannada, in MVC No.1202/2013 dated 03.01.2017. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 16