Karnataka High Court
The Director Karnataka State Fire ... vs Panduranga Shet S/O Krishna Shet on 16 October, 2012
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
ON THE 16TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.4768 OF 2008(MV)
A/W
MFA.CROSS OBJECTION NO.111 OF 2009
MFA.NO.4768/2008:
BETWEEN:
1. The Director
Karnataka State Fire Engine Service,
Bangalore, Owner of Fire Engine
Bearing Registration
No.KA-01/8096
2. The General Manager
Karnataka Government Insurance Department,
Visweshwaraiah Towers,
Policy No.93821 valid from 16.8.2004
To 15.08.2005. ...APPELLANTS
(By Sri D.Vijaykumar HCGP-absent)
AND:
1. Panduranga Shet
S/o Krishna Shet
Aged about 65 years,
2
Dead by LRs
2. P.Surekha
D/o Panduranga Shet
Aged about 28 years,
R/o Kathla Bazar
Mankodu Extension,
Sagar Town.
3. Nagaraja
S/o Manjappa Gowda,
Major,
R/o Sorab Town,
Sorab, Driver of Fire Engine
Bearing Registration
No.KA-01/8-8096. ...RESPONDENTS
*****
This MFA is filed under Section 173(1) of MV Act
against the Judgment and award dated 4.9.2007 passed in
MVC.No.70/2005 (Old MVC.No.123/2006) on the file of the
Civil Judge (Sr.Dn.), Member, Addl.MACT, Sagar, awarding
a compensation of Rs.3,03,000/- with interest @ 6% P.A.
from the date of petition till realisation.
MFA.CROB.No.111/2009:
BETWEEN:
P.Surekha
D/o Panduranga Shet
Aged about 32 years,
R/o Kathla Bazar
Mankodu Extension,
Sagar Town. ...CROSS OBJECTOR
3
(By Sri R.V.Jayaprakash, Advocate)
AND:
1. The Director
Karnataka State Fire
Engine Service,
Bangalore - 560 001.
2. The General Manager
Karnataka Government
Insurance Department,
Visveswaraiah Towers,
Bangalore - 560 001.
3. Nagaraja
S/o Manjappa Gowda,
Aged:Major, Driver
R/o Saroba Town,
Soraba - 577 429
Shimoga District. ...RESPONDENTS
*****
This MFA.Crob filed under Order 41 Rule 22 of the
Code of Civil Procedure, against the judgment and
award dated 4.9.2007 passed in MVC.No.70/2005 (Old
MVC.No.123/2006) on the file of the Civil Judge
(Sr.Dn.), Member, Addl.MACT, Sagar, partly allowing
the claim petition for compensation and seeking
enhancement of compensation.
This MFA A/w MFA.Crob coming on for hearing this
day, the Court delivered the following:-
4
JUDGMENT
None appears for the appellant as well as the respondents even though the matter was called on two occasions. Hence, the appeal is dismissed for non- prosecution. Consequently, MFA Crob No.111/2009 is also dismissed.
Sd/-
JUDGE Rsk/-