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2025 DAILYLAW 27745 (KAR)

UNITED INDIA INSURANCE CO LTD v. MASTER SHOBITH U

MFA/5820/2017 · 2025-01-17

Chillakur Sumalatha

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Judgment text

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- 1 - NC: 2025:KHC:1874 MFA No. 5820 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5820 OF 2017(MV-I) BETWEEN: UNITED INDIA INSURANCE CO. LTD., TAMILNADU BRANCH OFFICE, THROUGH ITS REGIONAL OFFICE NO.18, 5TH AND 6TH FLOR, KRUSHIBHAVAN, BANGALORE-560 001. REP BY ITS MANAGER. …APPELLANT (BY SRI. JANARDHAN REDDY, ADVOCATE) AND: 1. MASTER SHOBITH U., S/O LATE UMESH BABU S AGED ABOUT 15 YEARS, RESPONDENT NO.1 BEING MINOR REPRESENTED BY ITS NATURAL GUARDIAN AND THEIR MOTHER SMT. RADHA G.S. R/AT NO.91/1, D.NO.3, GOVINDAPPA BUILDING, BHAGYAM NILYA, DASAPPA GARDEN, HMT LAYOUT, R T NAGAR, BANGALORE. 2. A. P. PHARGAVAN, S/O T A PONNUSWAMY NO.2/285 ASPK NAGAR, AYYAGOUNDAM PALYAM PATTY, TIRUCHANGODI TALUK, NAMMAKAL DISTRICT, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1874 MFA No. 5820 of 2017 TAMIL NADU-637 211. (OWNER OF LORRY NO.TN-34-Q-4834) …RESPONDENTS (BY SRI. K.V. GIRISH, ADVOCATE FOR R1; R2 IS SERVED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.02.2017 PASSED IN MVC NO.3625/2014 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, & XXIV ACMM, MEMBER,MACT, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, AWARDING COMPENSATION OF Rs.20,000/- WITH INTEREST @ 9% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL JUDGMENT Heard Sri.Janardhan Reddy learned counsel for the appellant. 2. This appeal is the outcome of the order that is rendered by the Motor Accident Claims Tribunal, Bengaluru in MVC No.3625/2014 dated 14.02.2017. The Insurance Company filed the present appeal. 3. Sri.Janardhan Reddy learned counsel for the appellant submits that the Motor Accident Claims Tribunal, Bengaluru rendered common order in MVC No.3624/2014 and - 3 - NC: 2025:KHC:1874 MFA No. 5820 of 2017 MVC No.3625/2014 on 14.02.2017. The order in MVC No.3624/2014 was challenged before this Court through a separate appeal vide MFA No.4664/2017. The said appeal was disposed of by the Division Bench of this Court on 23.10.2020. In the light of the findings given by the Division Bench of this Court in the said appeal regarding the question of liability, the present appeal does not survive for consideration. Seeks to pass necessary orders. 4. The appellant in this appeal challenged its liability to pay compensation of Rs.20,000/- to respondent No.1 herein, who is the claimant in the subject case. However, having considered the submission that is made by learned counsel for the appellant, this Court is of the view that there are no merits in the appeal. Therefore, the appeal stands dismissed. Amount, if any, in deposit be transmitted to the concerned Tribunal immediately. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 34