K. Nagaveni Vs Shri Ajjayya C.T.

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF DECEMBER, 2022 BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD MISCELLANEOUS FIRST APPEAL NO. 1216 OF 2020 (MV-I)

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C/W

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Digitally signed by DHANALAKSHMI MURTHY Location: High Court of Karnataka

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MISCELLANEOUS FIRST APPEAL NO. 859 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 895 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 998 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1183 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1208 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1215 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1221 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1222 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1225 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1257 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1264 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1275 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1434 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1465 OF 2020 MISCELLANEOUS FIRST APPEAL NO. 1903 OF 2020

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MFA CROSS OBJECTION NO. 148 OF 2022

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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IN MFA 1216/2020 BETWEEN:

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GIRISH P S S/O SURAPPA, OCC COOLIE AGE ABOUT 25 YEARS R/O PILLEKARENAHALLY VILAGE CHITRADURGA TOWN - 577501

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…APPELLANT

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(BY SRI. SPOORTHY HEGDE N., ADVOCATE)

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AND:

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AJJAPYYA C T S/O THIPPESWAMY MAJOR R/O. CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK-577501.

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THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

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…RESPONDENTS

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(BY SRI. B.PRADEEP., ADVOCATE FOR R2: SMT. NARASAMMA .M.N., FOR R1)

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THIS MFA IS FILED UNDER SECTION.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.21.08.2019 PASSED IN MVC NO.1113/2018 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV,

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 859/2020 BETWEEN:

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NAGENDRAPPA S/O NINGAPPA AGED ABOUT 52 YEARS R/O KODAIYANAHATTY VILLAGE CHITRADURGA TALUK- 5775014

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX, B D ROAD CHITRADURGA TOWN - 577501

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….RESPONDENTS

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1108/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 895/2020 BETWEEN:

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SMT. NAGAMMA W/O VEERAKARIYAPPA AGED ABOUT 44 YEARS OCC: AGRICULTURISTS & HOUSEWIFE R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR

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R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

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….RESPONDENTS

¶47

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1109/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 998/2020 BETWEEN: SMT. JAYAMMA W/O SATISH AGED ABOUT 37 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T

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S/O THIPPESWAMY MAJOR

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R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

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….RESPONDENTS

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(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1103/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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IN MFA 1183/2020 BETWEEN: K.N.NAGAVENI W/O RUDRESH D/O KRISHNAMURTHY AGED ABOUT 21 YEARS OCC: COOLIE R/O BEHIND MASZID NEAR RAILWAY STATION CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER, OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

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….RESPONDENTS

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(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1110/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 1208/2020 BETWEEN:

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SRI.VENKATESH H S/O HANUMANTHAPPA AGED ABOUT 57 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER

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9 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶85

….RESPONDENTS

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(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1096/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 1215/2020 BETWEEN:

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SRI. MALLANNA M S/O AJJAPPA, AGED ABOUT 78 YEARS OCC: COOLIE R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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10 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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1 . SHRI AJJAYYA C.T

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S/O THIPPESWAMY MAJOR

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R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶99

….RESPONDENTS

¶100

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶101

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1111/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 1221/2020 BETWEEN:

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SANJU K S/O KENCHAPPA AGED ABOUT 23 YEARS

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11 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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OCC: COOLIE R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD CHITRADURGA TOWN - 577501

¶112

….RESPONDENTS

¶113

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶114

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1097/2018, ON THE FILE OF THE I-

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12 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MFA 1222/2020 BETWEEN:

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SRI. MAHANTESH A S S/O SHIVAMURTHAPPA AGED ABOUT 47 YEARS OCC: COOLIE R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶125

13 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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….RESPONDENTS

¶128

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶129

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1097/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶130

IN MFA 1225/2020 BETWEEN: SHIVAKUMAR P.K. S/O KENGAPPA AGED ABOUT 22 YEARS OCC: COOLIE R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

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(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY

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14 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

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MAJOR

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R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE

¶140

COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶141

….RESPONDENTS

¶142

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶143

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1115/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶144

IN MFA 1257/2020 BETWEEN:

¶145

KRISHNAMURTHY S/O CHANNAKESHAVA AGED ABOUT 22 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

¶146

15 -

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MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶148

...APPELLANT

¶149

(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

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AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

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2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶153

….RESPONDENTS

¶154

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶155

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1104/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶156

16 -

¶157

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶158

IN MFA 1264/2020 BETWEEN:

¶159

SMT.MANGALAMMA W/O CHANNAKESHAVA AGED ABOUT 47 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

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...APPELLANT

¶161

(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

¶162

AND

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1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

¶164

2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶165

….RESPONDENTS

¶166

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶167

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019,

¶168

17 -

¶169

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶170

PASSED IN MVC NO.1106/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶171

IN MFA 1275/2020 BETWEEN:

¶172

HARISH P.S. S/O SURAPPA AGED ABOUT 24 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

¶173

...APPELLANT

¶174

(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

¶175

AND

¶176

1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

¶177

2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶178

18 -

¶179

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶180

….RESPONDENTS

¶181

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶182

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1102/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶183

IN MFA 1434/2020 BETWEEN: SMT.MANJAMMA W/O LOKESH AGED ABOUT 52 YEARS R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

¶184

...APPELLANT

¶185

(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

¶186

AND

¶187

19 -

¶188

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶189

1 . SHRI AJJAYYA C.T

¶190

S/O THIPPESWAMY MAJOR

¶191

R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

¶192

2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶193

….RESPONDENTS

¶194

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶195

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1107/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶196

IN MFA 1465/2020 BETWEEN:

¶197

SHRI. AJJAPPA K T S/O THIPPESWAMY AGED ABOUT 35 YEARS OCC: COOLIE

¶198

20 -

¶199

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶200

R/O PILLEKARENAHALLY VILLAGE CHITRADURGA TALUK- 577501.

¶201

...APPELLANT

¶202

(BY SRI.SPOORTHY HEGDE N., ADVOCATE)

¶203

AND

¶204

1 . SHRI AJJAYYA C.T S/O THIPPESWAMY MAJOR R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

¶205

2 . THE NEW INDIA ASSURANCE COMPANY LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER OPP MAGNUR COMPLEX B D ROAD, CHITRADURGA TOWN - 577501

¶206

….RESPONDENTS

¶207

(BY SRI. B.PRADEEP, ADVOCATE FOR R2: SMT. NARASAMMA M.N., ADVOCATE FOR R1 )

¶208

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 21.08.2019, PASSED IN MVC NO.1095/2018, ON THE FILE OF THE I- ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR

¶209

21 -

¶210

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶211

COMPENSATION AND SEEKING ENHANCEMENT OF

¶212

COMPENSATION.

¶213

IN MFA 1903/2020 BETWEEN:

¶214

SRI. AJJAYYA C T., S/O THIPPESWAMY AGED ABOUT 40 YEARS R/O CHIKKAGONDANAHALLY CHITRADURGA TALUK- 577501.

¶215

...APPELLANT

¶216

(BY SRI.B.M. SIDDAPPA., ADVOCATE)

¶217

AND

¶218

1 . SMT.PAVITHRA W/O LATE ANNAPPASWAMY AGED ABOUT 26 YEARS.

¶219

2 . MR. KIRAN KUMAR P.A. S/O LATE ANNAPPASWAMY AGED ABOUT 4 YEARS.

¶220

MR. MARUTHI S/O LATE ANNAPPASWAMY AGED ABOUT 5 YEARS

¶221

R2 & R3 ARE MINORS REP BY NATURAL GUARDIAN MOTHER R1.

¶222

22 -

¶223

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶224

SMT. PALAMMA W/O PALAIAH AGED ABOUT 63 YEARS HOUSE WIFE ALL ARE R/O PILLEKARANAHALLY VILLAGE CHITRADURGA TALUK.

¶225

THE NEW INDIA ASSURANCE CO. LTD., REPRESENTED BY ITS THE BRANCH MANAGER BRANCH OFFICE VIJAYASHREE COMPLEX DAVANAGERE ROAD CHITRADURGA-577501.

¶226

….RESPONDENTS

¶227

(BY SRI. SPOORTHY HEGDE N, ADVOCATE FOR R1 TO R4: SMT. PRADEEP B., ADVOCATE FOR R5 )

¶228

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 10.09.2019, PASSED IN MVC NO.1118/2017, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS. 10,78,000/- WITH INTEREST AT PERCENT 9 P.A. FROM THE DATE PETITION TILL DEPOSIT.

¶229

23 -

¶230

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶231

IN MFA CROB 148/2022 BETWEEN:

¶232

1 . SMT.PAVITHRA W/O LATE ANNAPPASWAMY AGED ABOUT 48 YEARS.

¶233

2 . KIRAN KUMAR P.A. S/O LATE ANNAPPASWAMY AGED ABOUT 9 YEARS.

¶234

MARUTHI S/O LATE ANNAPPASWAMY AGED ABOUT 8 YEARS APPELLANT Nos.2 & 3 ARE MINORS REP BY NATURAL GUARDIAN APPELLANT No.1

¶235

SMT. PALAMMA W/O PALAIAH AGED ABOUT 65 YEARS HOUSE WIFE ALL ARE RESIDING AT PILLEKARANAHALLY VILLAGE CHITRADURGA TALUK.

¶236

….CROSS OBJECTORS

¶237

(BY SRI. SPOORTHY HEGDE N, ADVOCATE )

¶238

AND

¶239

1 . AJJAYYA C.T S/O THIPPESWAMY, MAJOR

¶240

24 -

¶241

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶242

R/O CHIKKAGONDANAHALLY VILLAGE CHITRADURGA TALUK - 577501

¶243

2 . THE NEW INDIA ASSURANCE CO. LTD., REP BY ITS BRANCH MANAGER BRANCH OFFICER VIJAYASHREE COMPLEX DAVANAGERE ROAD CHITRADURGA TOWN - 577501

¶244

….RESPONDENTS

¶245

(BY SRI.B.M. SIDDAPPA, ADVOCATE FOR R1: SRI. B.PRADEEP, ADVOCATE FOR R2)

¶246

THIS MFA CROB IS FILED UNDER ORDER 41 RULE 22 R/W SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 10.09.2018, PASSED IN MVC NO.1118/2017, ON THE FILE OF THE II-ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶247

THESE APPEALS AND CROSS OBJECTION, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

¶248

25 -

¶249

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶250

JUDGMENT

¶251

MFA No.1216 of 2020, MFA No.859 of 2020, MFA No.895 of 2020, MFA No.998 of 2020, MFA No.1183 of 2020, MFA No.1208 of 2020, MFA No.1215 of 2020, MFA No.1221 of 2020, MFA No.1222 of 2020, MFA No.1225 of 2020, MFA No.1257 of 2020, MFA No.1264 of 2020, MFA No.1275 of 2020, MFA No.1434 of 2020, MFA No.1465 of

¶252

2020 have been filed by the claimants being aggrieved by the judgment dated 21.8.2019 passed by MACT, Chitradurga in MVC Nos.1113/2018, 1108/2018, 1109/2018, 1103/2018, 1110/2018, 1096/2018, 1111/2018, 1097/2018, 1105/2018, 1115/2018, 1104/2018, 1106/2018, 1102/2018, 1107/2018 and 1095/2018.

¶253

MFA No.1903 of 2020 has been filed by the owner of the offending vehicle and MFA.CROB No.148 of 2022 has

¶254

26 -

¶255

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶256

been filed by the claimants challenging the judgment dated 10.9.2018 passed by MACT, Chitradurga in MVC 1118/2017.

¶257

Facts giving rise to the filing of these appeals

¶258

and cross objection briefly stated are that on 31.8.2017 when the injured-claimants and deceased Annappaswamy were traveling in a bus bearing registration No.KA-22-B4567 from Davanagere to Chitradurga near Yemmehatty village, NH-4, at that time, the driver of the said bus drove

¶259

the same at a high speed and in a rash and negligent manner, and applied brake, due to which, the bus toppled down. As a result of the aforesaid accident, the claimants sustained grievous injuries and were hospitalized and deceased Annappaswamy died at the spot.

¶260

27 -

¶261

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶262

The claimants filed petitions under Section 166

¶263

of the Act seeking compensation.

¶264

On service of notice, the respondents appeared

¶265

through counsel and filed written statements in which the averments made in the petition were denied.

¶266

On the basis of the pleadings of the parties, the Claims Tribunal framed the issues and thereafter recorded the evidence. The parties adduced evidence and marked documents on their behalf. The Claims Tribunal, by the impugned judgment, inter alia, held that the accident took place on account of rash and negligent driving of the bus by its driver, as a result of which, the claimants sustained injuries and Annappaswamy died in the accident. The Tribunal awarded compensation to the claimants and directed the owner of the bus to deposit the compensation

¶267

28 -

¶268

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶269

amount along with interest. Being aggrieved, the present appeals and cross objection have been filed.

¶270

The learned counsel for the owner of the

¶271

offending bus has raised the following contentions:

¶272

Liability:

¶273

As per Ex.R8, the owner of the bus has given an application for renewal of permit for the period from 1.7.2017 to 31.7.2017. Since the application for renewal of permit has not been considered, the Tribunal is not justified in holding that the owner of the offending vehicle has failed to prove that as on the date of accident the offending vehicle was not having valid permit. Further, the Tribunal has erred in directing the owner of the offending bus to pay compensation to the claimants. Since the

¶274

29 -

¶275

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶276

offending bus was covered with valid insurance policy, the

¶277

Insurance Company is liable to pay compensation.

¶278

Quantum of compensation

¶279

In all injury cases:

¶280

Considering the nature of injuries sustained by the claimants, the compensation awarded by the Tribunal is on the higher side. Further, the interest awarded by the Tribunal on the compensation amount at 7% p.a. is on the higher side.

¶281

In MVC 1118/2017 (death case),

¶282

Considering the age and avocation of the deceased,

¶283

the overall compensation awarded by the Tribunal is on the higher side. Further, in view of the Division Bench decision of this Court in the case of MS.JOYEETA BOSE

¶284

AND OTHERS –V- VENKATESHAN.V AND OTHERS

¶285

30 -

¶286

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶287

(MFA 5896/2018 AND CONNECTED MATTERS

¶288

DISPOSED OF ON 24.8.2020), the rate of interest granted by the Tribunal at 9% p.a. on the compensation amount is on the higher side. Hence, he prays for allowing MFA 1903/2020.

¶289

The learned counsel for the claimants has raised the following contentions:

¶290

Liability

¶291

After considering the materials available on record, the Tribunal has given a clear finding that as on the date of accident, the offending bus had no valid permit. Therefore, it has exonerated the Insurance Company from liability and fastened the liability on the owner of the offending vehicle. He contended that the Apex Court in the case of AMRIT PAUL SINGH AND ANOTHER V. TATA AIG

¶292

31 -

¶293

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶294

GENERAL INSURANCE COMPANY LIMITED AND OTHERS

¶295

[(2018) 7 SCC 558], has held that even if there is no valid permit, the Insurance Company is not liable to pay the compensation. But since third party risk is involved, the Insurance Company has to pay compensation to the claimants and thereafter recover the same from the insured.

¶296

He further contended that in the claim petitions filed by the claimants in MVC Nos.604 and 606/2018 arising out of the very same accident, the Tribunal by judgment dated 7.9.2019 has allowed the claim petitions and directed the Insurance Company to pay compensation to the claimants with liberty to recover the same from the owner of the offending vehicle. The said judgment of the Tribunal has not been challenged either by the owner or the Insurance Company. Hence, the same has attained finality. In view

¶297

32 -

¶298

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶299

of the same, the Insurance Company may be directed to

¶300

pay compensation to the claimants with liberty to recover the same from the owner of the offending vehicle.

¶301

Quantum of compensation

¶302

In all injury cases:

¶303

Considering the nature of injuries sustained by the claimants, the compensation awarded by the Tribunal in all

¶304

the cases is on the lower side. Hence, he sought for allowing the appeals filed by the claimants

¶305

IN MVC 1118/2017 (Death case)

¶306

Firstly, the claimants claim that the deceased

¶307

Annappaswamy was earning Rs.30,000/- per month by

¶308

doing carpenter work. But the Tribunal is not justified in taking the monthly income of the deceased as merely as Rs.7,000/-.

¶309

33 -

¶310

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶311

Secondly, as per TC Ex.P-8, the deceased was aged about 30 years 3 months and 10 days as on the date of accident and he had not completed 30 years. The Tribunal is not justified in considering the age of the deceased as 31 years and applying multiplier of 16 instead of 17.

¶312

Thirdly, as per the law laid down by the Hon’ble Supreme Court in the case of NATIONAL INSURANCE

¶313

CO. LTD. -v- PRANAY SETHI AND OTHERS [AIR 2017

¶314

SC 5157], in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income towards ‘future prospects’ should be the warrant where the deceased was below the age of 40 years. The same may be considered.

¶315

Fourthly, as per the law laid down by the Hon’ble Supreme Court in the case of PRANAY SETHI (supra),

¶316

34 -

¶317

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶318

the claimants are entitled for Rs.16,500/- towards ‘loss of estate’ and Rs.16,500/- towards ‘funeral expenses’.

¶319

Fifthly, as per the judgment of the Hon’ble Supreme Court in the case of MAGMA GENERAL INSURANCE CO.

¶320

LTD. –V- NANU RAM [2018 ACJ 2782] , each of the claimants are entitled for compensation of Rs.44,000/under the head of ‘loss of love and affection and consortium’.

¶321

Lastly, considering the age and avocation of the deceased, the overall compensation awarded by the Tribunal is on the lower side. Hence, he prays for allowing cross appeal filed by the claimants.

¶322

The learned counsel for the Insurance Company

¶323

has contended that the offending bus had no valid permit as on the date of accident. Since the insured has violated

¶324

35 -

¶325

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶326

the terms and conditions of the policy, the Tribunal has rightly fastened liability on the owner of the offending vehicle and exonerated the Insurance Company from the liability. Hence, he prays for dismissal of the appeals and cross objection.

¶327

Heard the learned counsel for the parties and

¶328

perused the judgment and award of the Tribunal.

¶329

It is not in dispute that the claimants sustained injuries and Annappaswamy died in the road traffic accident occurred on 31.8.2017 due to rash and negligent driving of the offending bus bearing No.KA-22-B-4567 by its driver.

¶330

LIABILITY

¶331

The Tribunal after considering the materials available on record has held that the offending vehicle was

¶332

36 -

¶333

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶334

having permit from 4.3.2017 to 30.6.2017 for a period of 3 months as per Ex.R-6. The owner of the offending vehicle had given an application for renewal of the said permit from 1.7.2017 to 31.7.2017 for a period of one month as per Ex.R-8. The accident occurred on 30.8.2017. Admittedly, there was no permit existing as on the date of accident. Therefore, the Tribunal has rightly exonerated the Insurance Company from liability.

¶335

Total 16 claim petitions have been filed. In all the said cases, the Tribunal has exonerated the Insurance Company from liability and directed the owner of the offending vehicle to pay compensation. The owner of the offending vehicle has not challenged the judgment of the Tribunal and has accepted the same.

¶336

Infact, in the claim petitions filed by the claimants in MVC Nos.604 and 606/2018 arising out of the very same

¶337

37 -

¶338

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶339

accident, the Tribunal by judgment dated 7.9.2019 has allowed the claim petitions and directed the Insurance Company to pay compensation to the claimants with liberty to recover the same from the owner of the offending vehicle. The said judgment of the Tribunal has not been challenged either by the owner or the Insurance Company. Hence, the same has attained finality.

¶340

Even as per the decision of the Apex Court in the case of AMRIT PAUL (supra), since third party risk is involved and the offending vehicle was covered with valid insurance policy, the Insurance Company is liable to pay compensation to the claimants with liberty to recover the same from the owner of the offending vehicle.

¶341

In view of the above, this court holds that the Insurance Company is directed to pay compensation to the claimants in all the cases with liberty to recover the same

¶342

38 -

¶343

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶344

from the owner of the offending vehicle. Hence, the finding

¶345

of the Tribunal in respect of liability is concerned, the same is modified.

¶346

REGARDING QUANTUM OF COMPENSATION:

¶347

In all injury cases i.e., in MFA No.1216 of 2020, MFA No.859 of 2020, MFA No.895 of 2020, MFA No.998 of 2020, MFA No.1183 of 2020, MFA No.1208 of 2020, MFA No.1215 of 2020, MFA No.1221 of 2020, MFA No.1222 of 2020, MFA No.1225 of 2020, MFA No.1257 of 2020, MFA No.1264 of 2020, MFA No.1275 of 2020, MFA No.1434 of 2020 and MFA No.1465 of 2020, considering the nature of injuries sustained by the claimants and materials available on record, the overall compensation awarded by the Tribunal appears to be just and reasonable.

¶348

39 -

¶349

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶350

IN MFA 1903/2020 c/w MFA CROB 148/2022 (death case)

¶351

The claimants claim that deceased Annappaswamy was earning Rs.30,000/- per month. But they have not produced any documents to prove the income of the deceased. In the absence of proof of income, the notional income has to be assessed. As per the guidelines issued by the Karnataka State Legal Services Authority, for the accident taken place in the year 2017, the notional income of the deceased has to be taken at Rs.11,000/- p.m.

¶352

To the aforesaid income, 40% has to be added on account of future prospects in view of the law laid down by the Constitution Bench of the Supreme Court in ‘PRANAY SETHI’ (supra). Thus, the monthly income comes to Rs.15,400/-. Since there are four dependents, it is appropriate to deduct 1/4^th of the income of the deceased

¶353

40 -

¶354

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶355

towards personal expenses and remaining amount has to

¶356

be taken as his contribution to the family.

¶357

In respect of age of the deceased is concerned, as per TC Ex.P-8, the deceased was aged about 30 years 3 months and 10 days as on the date of accident and he had not completed 30 years. The Tribunal is not justified in considering the age of the deceased as 31 years and applying multiplier of ‘16’ instead of ‘17’. Hence, the age of the deceased has to be considered as 30 years as on the date of accident.

¶358

The deceased was aged about 30 years at the time of the accident and multiplier applicable to his age group is ‘17’. Thus, the claimants are entitled to compensation of Rs.23,56,200/- (Rs.15,4001217*3/4) on account of ‘loss of dependency’.

¶359

41 -

¶360

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶361

In addition, the claimants are entitled to compensation of Rs.16,500/- on account of ‘loss of estate’ and compensation of Rs.16,500/- on account of ‘funeral expenses’. Claimant No.1, wife of the deceased is entitled for compensation of Rs.44,000/- under the head of 'loss of spousal consortium'.

¶362

In view of the law laid down by the Supreme Court in the case of ‘MAGMA GENERAL INSURANCE’ (supra), claimant Nos.2 and 3, children of the deceased are entitled for compensation of Rs.44,000/- each under the head of ‘loss of parental consortium’ and claimant No.4, mother of the deceased is entitled for compensation of Rs.44,000/-

¶363

under the head of ‘loss of filial consortium’ .

¶364

Thus, the claimants are entitled to the following compensation:

¶365

42 -

¶366

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶367

Compensation under different Heads	Amount in (Rs.)
Loss of dependency	23,56,200
Funeral expenses	16,500
Loss of estate	16,500
Loss of spousal consortium	44,000
Loss of Parental consortium	88,000
Loss of Filial consortium	44,000
Total	25,65,200

¶368

In the result, the appeals and cross objection

¶369

are allowed in part . The judgments of the Claims

¶370

Tribunal are modified.

¶371

The Insurance Company is directed to deposit the compensation amount in all the cases along with interest from the date of filing of the claim petition till the date of

¶372

43 -

¶373

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶374

realization, within a period of six weeks from the date of

¶375

receipt of copy of this judgment.

¶376

The Insurance Company is at liberty to recover the compensation amount from the owner of the offending vehicle in all the said cases.

¶377

IN MFA 1903/2020 c/w MFA CROB 148/2022 (Arising out of MVC 1118/2017)

¶378

The claimants are entitled to a total compensation of Rs.25,65,200/- as against Rs.10,78,000/- awarded by the Tribunal.

¶379

In view of judgment of the Division Bench of this Court in the case of ‘MS.JOYEETA BOSE’ (supra) , the compensation amount shall carry interest at 6% per annum.

¶380

The amount deposited by the owner of the offending vehicle before this Court is ordered to be transferred to

¶381

44 -

¶382

MFA No. 1216 of 2020 C/W MFA No. 859 of 2020, MFA No. 895 of 2020, MFA No. 998 of 2020, MFA No. 1183 of 2020, MFA No. 1208 of 2020, MFA No. 1215 of 2020, MFA No. 1221 of 2020, MFA No. 1222 of 2020, MFA No. 1225 of 2020, MFA No. 1257 of 2020, MFA No. 1264 of 2020, MFA No. 1275 of 2020, MFA No. 1434 of 2020, MFA No. 1465 of 2020, MFA No. 1903 of 2020 AND MFA.CROB No. 148 of 2022

¶383

the Tribunal forthwith. The Insurance Company is directed to deposit the remaining compensation amount along with interest @ 6% p.a. from the date of filing of the claim petition till the date of realization, within a period of six weeks from the date of receipt of copy of this judgment.

¶384

The Insurance Company is at liberty to recover the remaining compensation amount from the owner of the offending vehicle.

¶385

Sd/JUDGE

¶386

DM

¶387

List No.: 2 Sl No.: 53

K. Nagaveni v. Shri Ajjayya C.T.

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K. Nagaveni v. Shri Ajjayya C.T.

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