Karnataka High Court

FIRST APPEAL 75 of 2020 on 30 December 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20[TH] DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

MFA CROSS OBJECTION NO. 75 OF 2020

IN

MISCELLANEOUS FIRST APPEAL NO.3864/2017

BETWEEN:

1 . SRI. VINOY LUKOSE AGED ABOUT 51 YEARS S/O LUKOSE THOMAS AGED ABOUT 51 YEARS S/O LUKOSE THOMAS

2 . SRI. VIVEK AGED ABOUT 21 YEARS S/O SRI VINOY LUKOSE AGED ABOUT 21 YEARS S/O SRI VINOY LUKOSE

3 . MASTER VISMAY AGED ABOUT 17 YEARS S/O SRI VINOY LUKOSE

CROSS OBJECTOR BEING MINOR IS BEING REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SRI VINOY LUKOSE

ALL ARE RESIDING AT C/O HARISH KANCHAN, RAMAKRISHNA SADANA, NEAR ALKHAZRA COMPLEX, 80, BADGUBETTU, RAJEEVA NAGARA, MANIPAL, UDUPI TALUK.

..CROSS OBJECTORS

(BY SRIYUTHS. NATARAJA BALLAL AND YASHODAR SHETTY, ADVOCATES)

MFA Crob. No.75/2020 in 2MFA No.3864/2017

----------------------------

AND:

1 . THE CLAIM MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., OFF: ASHOK PLAZA, 2[ND] FLOOR, NEXT TO WEIKFIELD COMPANY, 32/2, NAGAR ROAD, PUNE. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., OFF: ASHOK PLAZA, 2[ND] FLOOR, NEXT TO WEIKFIELD COMPANY, 32/2, NAGAR ROAD, PUNE.

2 . SRI. DOTTAYYA POOJARY AGED ABOUT 56 YEARS S/O CHENNA POOJARY R/A MOIDINAPURA, SHIROOR VILLAGE, KUNDAPURA TQ. AGED ABOUT 56 YEARS S/O CHENNA POOJARY R/A MOIDINAPURA, SHIROOR VILLAGE, KUNDAPURA TQ.

3 . THE NATIONAL INSURANCE COMPANY LTD., KUNDAPURA BRANCH, KUNDAPURA BRANCH, REP. BY ITS DIVISIONAL MANAGER.

4 . SRI ANANDA POOJARY AGED ABOUT 38 YEARS S/O SHANKAR POOJARY R/A MOIDINAPURA. SHIROOR VILLAGE, KUNDAPURA TQ. AGED ABOUT 38 YEARS S/O SHANKAR POOJARY R/A MOIDINAPURA. SHIROOR VILLAGE, KUNDAPURA TQ.

5 . K V THOMAS AGED ABOUT 89 YEARS AGED ABOUT 89 YEARS

S/O LATE VARKEY

6 . SMT. ANNAMMA AGED ABOUT 85 YEARS W/O K V THOMAS AGED ABOUT 85 YEARS W/O K V THOMAS

NOS. 5 & 6 ARE RESIDING AT KADLIKATIL HOUSE, KODANCHAL THONDIYIL POST, PERAVOOR, VIA, KANNUR DISTRICT.

..RESPONDENTS

MFA Crob. No.75/2020 in 3MFA No.3864/2017

----------------------------

This Miscellaneous First Appeal Cross Objection filed Under Order XLI Rule 22 of the CPC Read with Section 173(1) of MOTOR VEHILCE ACT, against the Judgment and Award dated 30.12.2016 passed in MVC No.1387/2009 on the file of the ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, partly allowing the claim petition for compensation and seeking enhancement of compensation.

This Miscellaneous First Appeal Cross Objection is coming on for Orders this day, the Court made the following:

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ORAL ORDER

Two weeks time is granted to comply with office objections, failing which the above cross-objection shall automatically stand dismissed without further orders from the Court.

Sd/-

JUDGE

NOTE: Court Order dated 20.01.2025, not complied with. Hence Cross-Objection stands dismissed.

COPY

Sd/-

T By: AR ASSISTANT REGISTRAR

R By: MR C By: YL

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