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2025 DAILYLAW 29199 (KAR)

THE ORIENTAL INSURANCE COMPANY LTD v. JALALUDDIN

MFA/5630/2016 · 2025-04-03

Lalitha Kanneganti

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Judgment text

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- 1 - NC: 2025:KHC:14549 MFA No. 5630 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 5630 OF 2016 (MV-I) BETWEEN: THE ORIENTAL INSURANCE COMPANY LTD., DO.2, NEW HOSTEL COMPLEX OPP. FIRE BRIGADE, 1ST MAIN ROAD SHESHADRIPURAM BANGALORE-570 009 AND ALSO NO.1, CSI THEJUS COMPLEX, P.B. NO. 27, SAYYAJI RAO ROAD, MYSORE-570 004, REPRESENTED BY AUTHORISED SIGNATORY AT REGIONAL OFFICE, NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD, BANGALORE-560 025. …APPELLANT (BY SRI. SRISHAILA S., ADVOCATE) AND: 1. JALALUDDIN S/O. ABBAS, AGED ABOUT 28 YEARS, R/AT BIDRALLI CIRCLE, KABINI DYAM, H.D. KOTE TALUK, MYSORE DISTRICT 2. M.K. ANDANDAKUMAR S/O. M.R. SHIVANANDAN, AGED ABOUT 45 YEARS, R/AT NO. 13/8, 2ND MAIN, 5TH CROSS, KALASIPALYAM NEW EXTENSION, BANGALORE-560 002 …RESPONDENTS (R1- SERVED V/O/D 13/2/2025- NOTICE TO R2 IS DISPENSED WITH) Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14549 MFA No. 5630 of 2016 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.03.2016 PASSED IN MVC NO.1177/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, COURT OF SMALL CAUSES, MYSURU, AWARDING COMPENSATION OF Rs.61,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT The present appeal is filed by the Insurance Company questioning the award passed in MVC.No.1177/2013 dated 11.03.2016 by the Addl. Small Causes and Senior Civil Judge. Against the judgment and award passed in MVC.No.991/2013 dated 11.03.2016 MFA.No.5631/2016 was filed and in that appeal, an order was passed in the Lok-Adalat on 08.02.2020 and the Insurance Company has agreed to deposit the amount, accepting the negligence. 2. In view of the order passed in MFA.No.5631/2016 dated 08.02.2020 in Lok-Adalat, this Court finds no reasons to interfere with the well considered order passed by the trial Court. As far as the quantum is concerned, this court has - 3 - NC: 2025:KHC:14549 MFA No. 5630 of 2016 perused the award and a reasonable compensation is granted even on that count also and no interference is called for. i. Accordingly, the appeal of Insurance Company is dismissed. ii. The amount in deposit shall be forthwith transferred to the tribunal. iii. The registry is directed to return the Trial Court Record to the Tribunal along with the certified copy of the order passed by this court forthwith without any delay. iv. No Costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE TS List No.: 3 Sl No.: 13