Authority: High Court of Karnataka, Dharwad Bench

Order Date: 2 December 2024

Case Overview

  • Appellant: The Divisional Manager, New India Assurance Co. Ltd., Hubballi (represented by advocate M Y Katagi).
  • Respondents: 1) Manjula (deceased) represented by her son; 2) Shanukappa, Professor, Basaveshwar Engineering College; 3) Sanningayya (deceased); 3A) Shiddayya, Teacher, owner of tractor‑trailer (Reg. No. KA‑29/T‑4911 & 4912); 4) The Divisional Manager, National Insurance Company Ltd., Belagavi.
  • The appeal was filed under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 14 July 2020 of Motor Accident Claims Tribunal (MVC No. 783/2009) which granted Rs 70,000 compensation with 6 % per annum interest from the petition date until realisation.
  • The court had earlier, on 12 February 2024, directed the appellant to comply with office objections within two weeks, failing which the matter would be listed for dismissal.

Final Outcome

  • The appellant failed to satisfy the office objections despite adjournments on the same day; consequently, the High Court dismissed the Miscellaneous First Appeal for non‑compliance, leaving the original award of Rs 70,000 (plus interest) intact.

Topics: Legal; Insurance Claims