IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 11th DAY OF JANUARY, 2019
BEFORE V.
THE: HON'BLE MR. JUSTICE V. JAOANNATHAN '7 '
MISCELLANEOUS FIRST APPEAL NO.10"'17.'.2.,/.iCJ:{)5V(;'.--}I:\:/}._
BETWEEN:
SRI KALLAPPA RUDRAPPA KODALLL
AGE 44 YEARS, OCC: MILK VENDOR'-~
R/O BI-IALAKI MAJARE CIRCLE, " L' I .
AVAROLLI, TQ. KHANAPUR, DIST. BELGAUM. _
. _ I _ ....AP'PELLANT
(BY SRI. SHRIHARSH A. NEELOPANT, ADV; ,
AND:
2. 1VEr.B.S. I'<AN_C'HI,
AGE MAJOR, 'OC'..£2: BUSINESS; _
R /O.IvPARI--SAHWAD;'*7;"/-0 'KHA.NAPUR,~~~- '
I)ISaI'. BELGAU.M,é OWNER OF TATA
MAX1CA33"TEMFO"BEARINQ NO. KA22 /2600.
2. THE NEW INDIA"ASSURANCE co. L'f'D.,
BRANCH OFFICE DIVISIONAL OFFICE
3933/B2 CLUB ROAD BELGAUM BY ITS
.D§VISfONAL MANAGER.'
" 2 " """ " ...REsPONDENTs
. (BY. SVRI, R;«,]AIF1*3AKASH, ADV. FOR R2. absent)
THISV--V'AI=15EAL IS FILED UNDER SECTION 173(1) OF MV ACT
AGA.I_NS'E.THEO9JDUGMENT AND AWARD DATED /10/2004 PASSED
IN MVC 190.2570/99 ON THE FILE OF THE CIVIL"JUDGE(SR. DN} AND
A MEMBER, 'MACT, KHANAPUR, DISMISSINO THE CLAIM PETITION FOR
COMPENSATION.
M THIS APPEAL COMING ON FOR FINAL HEAR1NG THIS DAY, THE
CFOURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for the appel’lan.t’.~
appears for the respondents.
2. The grievance ofpaathe appellant istthatithe
dismissed his claim applicationihbecause~theappellant had
not proved that he is fiowneiraoti bearing No.KA
22 / L-4280 which was ii vthe’_’_’.~accident. The
submission of that in respect of
the claim icompensation for damages
causedllto the appellant had filed a
memgV:”~.’CA1ated’ RC book and other
documentxsfibutp’theA7fl’r’ibt1nal lost sight oft of the said
A_ do_c’1L:me_nt and it”wa:.=_.. not even marked in evidence and as a
icon-sequence of said error, the claim petition came to be
di smissedfj j
it In View of the above submission made, the matter
ureqtiires remand to the Tribunal for fresh consideration and
&
‘F
dispose of in accordance with law within a period of three
months form the date of order of receipt by the A’
krnv