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2026 DAILYLAW 31339 (KAR)

M/S MOOKAMBIKA CONSTRUCTION PVT LTD v. SMT PARVATHAMMA

MFA/7392/2017 · 2026-06-09

Jayant Banerji, Tara Vitasta Ganju

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 7390 OF 2017 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 7392 OF 2017 IN MFA No. 7390/2017 BETWEEN: NATIONAL INSURANCE CO LTD REGIONAL OFFICE, NO.144, SUBHARAM COMPLEX, M.G.ROAD, BANGALORE REP BY ITS ADMINISTRATIVE OFFICER, SMT.C.K.PARIMALA …APPELLANT (BY SRI. B C SEETHA RAMA RAO., ADVOCATE) AND: 1. SMT PARVATHAMMA AGED ABOUT 47 YEARS W/O SRI. BASAVARAJEGOWDA, Digitally signed by MAMATHA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 2. SRI. BASAVARAJEGOWDA AGED ABOUT 52 YEARS S/O SRI. SANNEGOWDA BOTH ARE RESIDENTS OF DASANAPURA VILLAGE, HANAGODU HOBLI, HUNSUR TALUK MYSURU DISTRICT. 3. M/S MOOKAMBIKA CONSTRUCTION PVT LTD REP BY ITS MANAGING DIRECTOR, MANDAPATI SATYANARAYANA RAJU, S/O SRI. RAMAMURTHY RAJU AGED ABOUT 51 YEARS, RESIDING AT PLOT NO.15/16 BHAGAVAN NAGARA VIZLANNAGARAM, ANDHRA PRADESH. (CONTRACTOR OF PWD DEPARTMENT) 4. SRI.PONNAGANTI VINAYAK PRASAD AGED ABOUT 55 YEARS, S/O SRI.P.NARASIMHA RAO RESIDING AT C/O A.P.JOYAPPA, (RTD ARMY) NO.1409/69, OPPOSITE TO CHURCH, N.S.LAYOUT, B.M.ROAD, HUNASURU TALUK, MYSORE DISTRICT OR NO.8-125, V.M.BANJAR, PENUBALLI, KOTHAGODOWN TALUK, KHAMMAM DISTRICT, ANDHRA PRADESH (GPA HOLDER OF THE MOOKAMBIKA CONSTRUCTIONS PVT. LTD.) - 3 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 5. SRI. CHIKKANNA M MAJOR IN AGE, S/O SRI. MARIGOWDA, RESIDENT OF D.SALUNDI VILLAGE, JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT (OWNER OF MOTOR CYCLE NO.KA-09-ER-2791) …RESPONDENTS (BY SRI. M NAGESH, Advocate for R1 & R2) This Miscellaneous First Appeal filed Under Section 173(1) of MV Act against the Judgment and Award dated 24.06.2017 passed in M.V.C.No.1233/2015 on the file of the Judge, Principal Court of Small Causes and Senior Civil Judge, MACT, Mysuru, awarding compensation of Rs.17,05,000/- with interest at the rate of 9% per annum from the date of petition till the date of realization. IN MFA NO. 7392/2017 BETWEEN: 1. M/S MOOKAMBIKA CONSTRUCTION PVT LTD REP BY MANAGING DIRECTOR, MANDAPATI SATYANARAYANA RAJU S/O RAMAMURTHY RAJU AGED ABOUT 51 YEARS, R/AT PLOT NO.15/16, BHAGAVAN NAGARA, VIZLANNAGARAM - 4 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 ANDHRA PRADESH (CONTRACTOR OF PWD DEPT) 2. PONNAGANTI VINAYAK PRASAD S/O P.NARASIMHA RAO, AGED ABOUT 55 YEARS R/AT C/O A.P.JOYAPPA, (RTD. ARMY) NO.1409/69 OPP:CHURCH, N.S.LAYOUT, B.M.ROAD, HUNASURU TALUK, MYSURU DISTRICT, (GPA HOLDER OF THE MOOKAMBIKA CONSTRUCTION PVT LTD) ...APPELLANTS (BY SRI. VIJAYA M N., ADVOCATE) AND: 1. SMT PARVATHAMMA W/O BASAVARAJEGOWDA, AGED ABOUT 47 YEARS 2. BASAVARAJEGOWDA S/O SANNEGOWDA, AGED ABOUT 50 YEARS BOTH ARE RESIDENT OF DASANAPURA VILLAGE, HANAGODU HOBLI, HUNSUR TALUK, MYSURU DISTRICT 3. CHIKKANNA M S/O MARIGOWDA, MAJOR, D SALUNDI VILLAGE, - 5 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 JAYAPURA HOBLI, MYSURU TALUK AND DISTRICT (OWNER OF HERO HONDA REG NO. KA-09-ER-2791) 4. NATIONAL INSURANCE CO. LTD DIVISIONAL OFFICE, T.P.HUB, 2ND FLOOR, RAMASWAMY CIRCLE, CHAMARAJA DOUBLE ROAD, MYSURU (INSURER OF HERO HONDA PASSION REG NO.KA-09-ER-2791 POLICY NO.39010231136200192942) ...RESPONDENTS (BY SRIYUTHS. NAGESH M, Advocate for R1 & R2, B.C.SEETHARAMA RAO, Advocate for R4.) This Miscellaneous First Appeal filed Under Section 173(1) of MV Act against the Judgment and Award dated 24.06.2017 passed in M.V.C.No.1233/2015 on the file of the Judge, Principal Small Causes and Senior Civil Judge, Mysuru, awarding compensation of Rs.17,05,000/- with interest at 9% per annum from the date of petition till the date of realization. - 6 - HC-KAR CNR: KAHC010508892017 NC: 2026:KHC:38496-DB MFA No. 7390 of 2017 C/W MFA No. 7392 of 2017 These Appeals are coming on for Orders this day, the court made the following: ORAL ORDER Learned counsel for the appellant prays for and is granted two weeks time to file duly attested translations of the depositions/documents on record along with an affidavit as required under Order XIII Rule 12 CPC (Karnataka Amendment), failing which, the appeals shall stand dismissed without further reference to the Court. If translations are duly filed, list these matters on 17.06.2026. Sd/- JUDGE Sd/- JUDGE NOTE: Court Order dt.09.06.2026 not complied with. Hence Appeals stands dismissed. COPY Sd/- I/C ASSISTANT REGISTRAR T By: BR R By: NR C By: STE