Somashkar and Anr vs Anilkumar and Anr

Type Court Judgment Court Karnataka Kalaburagi Decided Jan 30, 2024

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Citation: sooperkanoon.com/1851818
Court: Karnataka Kalaburagi High Court
Judge: Lalitha Kanneganti
Decided On: Jan 30, 2024
Case Number: MFA/202120/2018

Parties & Advocates

Appellant / Petitioner

Somashkar and Anr

Respondent

Anilkumar and Anr

Excerpt

.....office main road, near ambedkar circle bidar-585401 …respondents (sri. rahul r. asture, advocate for r2, vk filed)this miscellaneous first appeal is filed u/sec 173(1) of motor vehicle act 1988 by the advocate for the appellants hereby prays that the hon’ble court may be pleased to: a) call for the records in mvc no. 61/2015 on the before theaddl mact-ii & principal senior civil judge & cjm at bidar. b) to modify the judgment and award dated: 09.04.2018 passed in mvc no.61/2015 on the before the addl. motor accident claims tribunal-ii & principal senior civil judge & cjm at bidar. and allow this appeal by enhancing the compensation amount from rs.15,92,700/- to rs.19,80,000/- only as claimed by the appellant before the tribunal in the interest of justice and equity. c) pass an order as to the costs of this appeal, and any other orders as this hon’ble court deems fit in the circumstances of the case in the interest of justice and equity.orderlearned counsel for the appellants shall take steps for issuance of notice to respondent no.1 by 08.02.2024, or else the appeal shall stand dismissed without further reference to the court. post this matter after service of notice. judge note: vide order dated 30.01.2024.the advocate for appellant has not taken steps in r-1 by 08.02.2024. hence, the appeal stand dismissed without reference to the court. assistant registrar t by : sd r by : aus c by : nhd

Full Judgment

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 30TH DAY OF JANUARY, 2024 BEFORE THE HON'BLE MRS. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 202120 OF 2018 (MVC-INJ) BETWEEN: 1) SOMASHEKAR S/O CHANDRAPPA AGE: 37 YEARS OCC: AGRI & MILK DAIRY R/O H.NO. 19-6-377 , MUSTARI NOW AT SHIVNAGAR (N) BIDAR 2) SMT. JAISHREE W/O SOMASHEKAR AS NEXT FRIEND/GUARDIAN AGE:MAJOR, OCC: HOUSEHOLD R/O MUSTARI, NOW AT SHIVNAGAR (N) BIDAR ...APPELLANTS (BY SRI. SANDEEP VIJAYKUMAR, ADVOCATE) AND:
1) ANILKUMAR S/O SHIVAPPA AGE:MAJOR, OCC: AGRI R/O H.NO.6/37, BLOCK NO.6 HUMNABAD TQ:HUMNABAD DIST: BIDAR (OWNER OF VEHICLE) BIDAR-585401 2) THE DIVISIONAL MANAGER UNITED INDIA INSURANCE COMPANY LTD, DIVISIONAL OFFICER DR. JAWALI COMPLEX SUPER MARKET GULBARGA, THROUGH ITS BRANCH MANAGER, BRANCH OFFICE MAIN ROAD, NEAR AMBEDKAR CIRCLE BIDAR-585401 …RESPONDENTS (SRI. RAHUL R. ASTURE, ADVOCATE FOR R2, VK FILED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC 173(1) OF MOTOR VEHICLE ACT 1988 BY THE ADVOCATE FOR THE APPELLANTS HEREBY PRAYS THAT THE HON’BLE COURT MAY BE PLEASED TO: A) CALL FOR THE RECORDS IN MVC NO. 61/2015 ON THE BEFORE THE
ADDL MACT-II & PRINCIPAL SENIOR CIVIL JUDGE & CJM AT BIDAR. B) TO MODIFY THE JUDGMENT AND AWARD DATED: 09.04.2018 PASSED IN MVC No.61/2015 ON THE BEFORE THE ADDL. MOTOR ACCIDENT CLAIMS TRIBUNAL-II & PRINCIPAL SENIOR CIVIL JUDGE & CJM AT BIDAR. AND ALLOW THIS APPEAL BY ENHANCING THE COMPENSATION AMOUNT FROM RS.15,92,700/- TO RS.19,80,000/- ONLY AS CLAIMED BY THE APPELLANT BEFORE THE TRIBUNAL IN THE INTEREST OF JUSTICE AND EQUITY. C) PASS AN ORDER AS TO THE COSTS OF THIS APPEAL, AND ANY OTHER ORDERS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

ORDER

Learned counsel for the appellants shall take steps for issuance of notice to respondent No.1 by 08.02.2024, or else the appeal shall stand dismissed without further reference to the Court. Post this matter after service of notice. JUDGE NOTE: Vide order dated 30.01.2024.The advocate for appellant has not taken steps in R-1 by 08.02.2024. Hence, the appeal stand dismissed without reference to the court. ASSISTANT REGISTRAR T By : SD R By : AUS C By : NHD

Same Court & Year Karnataka Kalaburagi · 2024 Same Parties Somashkar and Anr vs Anilkumar and Anr Same Judge Lalitha Kanneganti