Karnataka High Court
National Insurance Co. Ltd., vs Smt. Gangawwa W/O. Basavaraj ... on 30 January, 2020
M.F.A.No.22818/2010
-1-
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF JANUARY, 2020
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
MFA NO.22818 OF 2010 (MV-I)
BETWEEN
NATIONAL INSURANCE CO. LTD.,
D.O., RAMDEV GALLI, BELGAUM,
REPD. BY ITS DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
SUJATA COMPLEX, OPP. TO GLASS HOUSE,
HUBLI, DIST: DHARWAD.
... APPELLANT
(BY SRI.S K KAYAKAMATH, ADVOCATE)
AND
1. SMT. GANGAWWA W/O. BASAVARAJ KUNDARAGI,
AGE: 30 YEARS, OCC: HOUSEHOLD WORK,
R/O: AKKATANGERHAL, THEREAFTER, GOKAK,
DIST: BELGAUM.
2. KUMARI. YASHODA D/O. BASAVARAJ KUNDARGI,
AGE: 10 YEARS, OCC: STUDENT,
R/O: AKKATANGERHAL, THEREAFTER, GOKAK,
DIST: BELGAUM.
3. MASTER BASU, S/O BASAVARAJ KUNDARGI,
AGE: 9 YEARS, OCC: STUDENT,
R/O: AKKATANGERHAL, THEREAFTER, GOKAK.
DIST: BELGAUM.
M.F.A.No.22818/2010
-2-
4. MASTER. VINOD BASAVARAJ KUNDARGI,
AGE: 8 YEARS, OCC: STUDENT,
R/O: AKKATANGERHAL, THEREAFTER, GOKAK
DIST: BELGAUM.
SINCE PETITIONER NOS.2 TO 4 BEING MINOR
R/BY THEIR NATURAL MOTHER,
MINOR GUARDIAN PETITIONER NO.1.
5. SHRI. CHANDRASHEKHAR N KUMBAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: BETAGERI ROAD, KAMALAPUR,
DHARWAD. (OWNER OF TRUCK BEARING
NO.KA-25/7516)
6. SHRI. SHIVANAIK S/O. SHRIKANT KUNDARAGI,
AGE: 25 YEARS, OCC: PRESENTLY NIL,
R/O: AAKKATANGERHAL, TQ: GOKAK,
DIST: BELGAUM.
7. THE BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,
D.O. "BILAGI PLAZA", COLLEGE ROAD,
BELGAUM. (INSURER OF THE MOTOR CYCLE)
... RESPONDENTS
(BY SRI.HARISH S.MAIGUR FOR R1)
(R2, R3 AND R4 ARE MINORS R/BY R1)
(SRI.K.ANANDKUMAR, ADV. FOR R5)
(SRI. SANTOSH M.BABAJI, ADV. FOR R6)
(SRI.R.R.MANE, ADV. FOR R7)
THIS MFA IS FILED U/SEC.173(1) OF THE MOTOR
VEHICLE ACT 1988, AGAINST THE JUDGMENT AND AWARD
DATED: 11-02-2010 PASSED IN MVC NO.2508/2008 ON THE
FILE OF THE PRL. CIVIL JUDGE (SR.DN.) & MOTOR
ACCIDENT CLAIMS TRIBUNAL, BELGAUM, AWARDING THE
COMPENSATION OF RS.3,93,500/- WITH INTEREST AT THE
RATE OF 6% P.A. FROM THE DATE OF PETITION TILL DATE
OF REALIZATION.
M.F.A.No.22818/2010
-3-
THIS APPEAL COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears for the appellant till 3.45 p.m. Therefore, the appeal is dismissed for non-prosecution.
[Sd/-] JUDGE HMB