Allowed

Smt.Yamunawwa W/O Ningappa Deveramani v. Nagaraj S/O Lokappa Halagi

Karnataka HC3 Oct 2023MFA/100068/2016

Case brief

AI extract

What is this about?

The High Court allowed appeals by a lorry owner to set aside liability based on lack of fitness certificate, citing recent Division Bench judgments. Simultaneously, it enhanced compensation for deceased persons' heirs in three separate motor vehicle accident cases, awarding amounts ranging from Rs.7.50 lakhs to Rs.15.25 lakhs including loss of dependency and consortium.

What did the court decide?

Liability shifted from lorry owner to insurance company; compensation enhanced to Rs.15,25,500; Rs.7,50,200; and Rs.7,94,200 respectively with 6% interest.

Smt.Yamunawwa W/O Ningappa Deveramani Vs Nagaraj S/O… — Motor Accident Claims | Karnataka HC (2023)

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 03^RD DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

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MISCELLANEOUS FIRST APPEAL NO.103546/2015 (MV) C/W MISCELLANEOUS FIRST APPEAL NO.103547/2015 (MV) MISCELLANEOUS FIRST APPEAL NO.103548/2015 (MV) MISCELLANEOUS FIRST APPEAL NO.103812/2015 (MV) MISCELLANEOUS FIRST APPEAL NO.100068/2016 (MV) MISCELLANEOUS FIRST APPEAL NO.100069/2016 (MV) MISCELLANEOUS FIRST APPEAL NO.100070/2016 (MV)

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IN MFA.NO.103546/2015:

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BETWEEN:

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Digitally signed by SUJATA SUBHASH PAMMAR

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NAGARAJ S/O. LOKAPPA HALAGI, AGE: 33 YEARS, OCC: BUSINESS, R/O: NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ: SHIRAHATTI, DIST: GADAG.

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…APPELLANT

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(BY SRI S. C. BHUTI, ADVOCATE)

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AND:

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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CHANNABASAPPA SHIDDALINGAPPA HIREMATH,

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AGE:42 YEARS, OCC:BUSINESS,

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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R/O:NANDIHALLI, NOW AT VAKKALAGERI ONI, GADAG.

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…RESPONDENTS

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(BY SRI SURESH S. GUNDI, ADVOCATE FOR R1; R2 – SERVICE OF NOTICE HELD SUFFICIENT.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, AT GADAG, IN MVC NO.140/2013, DATED 30^TH SEPTEMBER, 2015 IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.103547/2015:

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BETWEEN:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE:33 YEARS, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ:SHIRAHATTI, DIST:GADAG.

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…APPELLANT

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(BY SRI S. C. BHUTI, ADVOCATE)

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AND:

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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YAMUNAVVA W/O NINGAPPA DEVARAMANI, AGE: 32 YEARS, OCC: HOUSEHOLD.

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SUMNGALA D/O NINGAPPA DEVARAMANI, AGE: 18 YEARS, OCC: STUDENT.

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DEVARAJ S/O NINGAPPA DEVARAMANI, AGE: 17 YEARS, OCC: STUDENT.

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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GANGAPPA S/O NINGAPPA DEVARAMANI, AGE: 16 YEARS, OCC: STUDENT.

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RAJU S/O NINGAPPA DEVARAMANI, AGE: 16 YEARS, OCC: STUDENT.

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RESPONDENTS NO.2 TO 6 ARE R/O: HARLAPUR, TQ: KUNDAGOL.

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(RESPONDENTS NO.3 TO 6 ARE MINORS, REP. BY THEIR M/G RESPONDENT NO.2).

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SMT. HONNAVVA S/O HANUMANTHAPPA DEVARAMANI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL.

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…RESPONDENTS

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(BY SRI SURESH S. GUNDI, ADVOCATE FOR R1; R2, R3 AND R7 – NOTICE SERVED; R4 TO R6 – MINORS, REPRESENTED BY R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, AT GADAG IN MVC NO.68/2013 DATED 30^TH SEPTEMBER, 2015 IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.103548/2015:

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BETWEEN:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE:33 YEARS, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ:SHIRAHATTI, DIST:GADAG.

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…APPELLANT

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(BY SRI S. C. BHUTI, ADVOCATE)

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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AND:

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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KUM. KAMALAXI D/O MAHAVEERAGOUDA PATIL, AGE: 22 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL.

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KUM. ASHWINI D/O MAHAVEERAGOUDA PATIL, AGE: 20 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ: KUNDAGOL.

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…RESPONDENTS

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(BY SRI SURESH S. GUNDI, ADVOCATE, FOR R1; R2 AND R3 – NOTICE SERVED.)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, AT GADAG, IN MVC NO.70/2013, DATED 30^TH SEPTEMBER, 2015 IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.103812/2015:

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BETWEEN:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE:33 YEARS, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ:SHIRAHATTI, DIST:GADAG.

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…APPELLANT

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(BY SRI S. C. BHUTI, ADVOCATE)

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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AND:

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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SMT. HAJARATBEE W/O. HAJARESAB NADAF, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL.

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HUSSAINSAB S/O HAJARESAB NADAF, AGE: 22 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ; KUNDAGOL.

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MABUSAB S/O HAJARESAB NADAF, AGE: 19 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ: KUNDAGOL.

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…RESPONDENTS

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(BY SRI SURESH S. GUNDI, ADVOCATE FOR R1; R2 TO R4 – NOTICE SERVED)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AND MACT, AT GADAG, IN MVC NO.72/2013, DATED 30^TH SEPTEMBER, 2015 IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.100068/2016:

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BETWEEN:

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YAMUNAVVA W/O NINGAPPA DEVARAMANI, AGE: 32 YEARS, OCC: HOUSEHOLD.

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SUMNGALA D/O NINGAPPA DEVARAMANI, AGE: 18 YEARS, OCC: STUDENT.

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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DEVARAJ S/O NINGAPPA DEVARAMANI, AGE: 17 YEARS, OCC: STUDENT.

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GANGAPPA S/O NINGAPPA DEVARAMANI, AGE: 16 YEARS, OCC: STUDENT.

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RAJU S/O NINGAPPA DEVARAMANI, AGE: 16 YEARS, OCC: STUDENT.

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ALL ARE R/O: HARLAPUR, TQ: KUNDAGOL,

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(APPELLANTS NO.3 TO 5 ARE MINORS, REP. BY THEIR M/G. APPELLANT NO.1).

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SMT. HONNAWWA S/O HANUMANTHAPPA DEVARAMANI, AGE: 62 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI JAYAVANT KAMBALI, FOR SRI S.M. KALWAD, ADVOCATE)

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AND:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE: MAJOR, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ:SHIRAHATTI, DIST:GADAG.

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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…RESPONDENTS

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(BY SRI S.C.BHUTI, ADVOCATE FOR R1; SRI SURESH S. GUNDI, ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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MODIFY THE JUDGMENT AND AWARD DATED 30.09.2015, MADE IN MVC NO.68/2013, PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, GADAG AND CONSEQUENTLY ENHANCE THE COMPENSATION AMOUNT AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.100069/2016:

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BETWEEN:

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KUM. KAMALAXI D/O. MAHAVEERAGOUDA PATIL, AGE: 22 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL.

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KUM ASHWINI D/O MAHAVEERAGOUDA PATIL, AGE: 20 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ: KUNDAGOL.

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…APPELLANTS

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(BY SRI JAYAVANT KAMBALI, FOR SRI S.M. KALWAD, ADVOCATE)

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AND:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE: MAJOR, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ: SHIRAHATTI, DIST:GADAG.

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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…RESPONDENTS

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(BY SRI S.C.BHUTI, ADVOCATE FOR R1; SRI SURESH S. GUNDI, ADVOCATE FOR R2)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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MODIFY THE JUDGMENT AND AWARD DATED 30.09.2015, MADE IN MVC NO.70/2013, PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, GADAG AND CONSEQUENTLY ENHANCE THE COMPENSATION AMOUNT AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA.NO.100070/2016:

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BETWEEN:

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SMT. HAJARATBEE W/O. HAJARESAB NADAF, AGE: 42 YEARS, OCC: HOUSEHOLD, R/O: HARLAPUR, TQ: KUNDAGOL.

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HUSSAINSAB S/O HAJARESAB NADAF, AGE: 22 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ; KUNDAGOL.

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MABUSAB S/O HAJARESAB NADAF, AGE: 19 YEARS, OCC: STUDENT, R/O: HARLAPUR, TQ: KUNDAGOL, DIST: DHARWAD.

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…APPELLANTS

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(BY SRI JAYAVANT KAMBALI, FOR SRI S.M. KALWAD, ADVOCATE)

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AND:

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NAGARAJ S/O. LOKAPPA HALAGI, AGE: MAJOR, OCC:BUSINESS, R/O:NEAR BASAVESHWAR TEMPLE, SASARWAD, TQ: SHIRAHATTI, DIST: GADAG.

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THE DIVISIONAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICO, SITAPUR, JAIPUR, RAJASTHAN.

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…RESPONDENTS

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(BY SRI S.C.BHUTI, ADVOCATE FOR R1; SRI SURESH S. GUNDI, ADVOCATE FOR R2)

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 30.09.2015 MADE IN MVC NO.72/2013 PASSED BY THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, GADAG AND CONSEQUENTLY ENHANCE THE COMPENSATION AMOUNT AS CLAIMED IN THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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The appeals in MFA No.103546, 103547, 103548,

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103812 of 2015 are filed by the owner of lorry No.KA-22/B-5924, challenging the judgment and award dated 30.09.2015, passed by the tribunal in MVC No.140, 68, 70 and 72 of 2013, respectively, questioning the liability fastened on the owner of lorry to pay compensation. Whereas, MFA Nos.100068, 100069 and 100070 of 2016 are filed by the claimants seeking enhancement of compensation.

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The factum of accident between lorry and tum tum goods vehicle and the deceased died in the

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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accident and the tum tum auto rickshaw has got damaged

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are not disputed. The only disputed fact is that whether the insurance company is liable to pay compensation or not.

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Heard the arguments and perused the material placed before the Court.

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The tribunal while determining the

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compensation has fastened liability on the owner of lorry No.KA-22/B-5924, on the ground that the lorry was not having fitness certificate. The issue involved is no more res integra in view of the judgment of Hon’ble Division Bench of this Court in MFA No.101444/2021 decided on 19.07.2023 between IFFCO TOKIO General Insurance vs. Smt.H.Lakshmi and others and in MFA No.7792/2015 c/w. MFA No.6449/2015 decided on 21.12.2020 in the case of Oriental Insurance Co.

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Ltd., vs. Kumar and others .

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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In the above said two judgments this Court has

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held that regarding fitness certificate the defence is not available to the insurance company. Therefore, it was held that the insurance company is liable to pay compensation. Hence the issue involved in the present case is squarely covered by the Division Bench judgment of this Court stated above. Therefore, the insurance company is liable to indemnify the owner and pay compensation. Hence the appeals filed by the owner of lorry are liable to be allowed by saddling the liability on the insurance company.

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Now coming to the quantum of compensation, re-assessed and quantified the compensation to be payable to the claimants, as under:

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MFA No.100068/2016 (MVC No.68/2013).

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In the present case the deceased was aged 38

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years old and an agriculturist by profession. The accident is caused on 24.12.2012. Therefore, notional income

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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would be Rs.6,500/- per month in the absence of proof of income, as recognized by the Karnataka State Legal Service Authority and appropriate applicable multiplier is 15. Further, in view of the decision of the Hon’ble Supreme Court in National Insurance Company Limited vs. Pranay Sethi and others, reported in (2017) 16 Supreme Court Cases 680, 40% of the income is to be added towards loss of future prospects in life. The claimants are mother, wife and four children. Therefore, 1/4^th of the income is to be deducted towards personal and living expenses. Therefore, loss of dependency is hereby re-assessed and quantified as Rs.12,28,500/- (Rs.6,500 + 40% minus 1/4^th x 12 x 15).

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In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance Co. Limited v. Nanu Ram & Others, reported in 2018 ACJ 2782 and in the case of Pranay Sethi supra , the

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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claimants are entitled to Rs.40,000/- each under the head

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‘loss of consortium’, along with 10% escalation. Accordingly, Rs.2,64,000/- (Rs.40,000 x 6 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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Thus, the claimants would be entitled for

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compensation under various heads as under:

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Sl. No.	Heads.	Amount in (Rs.)
1.	Towards loss of dependency (Rs.6,500 + 40% minus 1/4^thx 12 x 15).	12,28,500
2.	Towards loss of consortium (40,000 x 6+10%)	2,64,000

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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Towards loss of	est	ate and	33,000
transportation of	dead	body &
funeral expenses.
(15,000 x 2 + 10%	)
		Total:	15,25,500

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Therefore, the claimants are entitled for compensation of Rs.15,25,500/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.6,40,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶163

MFA No.100069/2016 (MVC No.70/2013).

¶164

In the present case the deceased was aged 52

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years old and a Teacher by profession. The accident is caused on 24.12.2012. Therefore, notional income would be Rs.6,500/- per month in the absence of proof of

¶166

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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income, as recognized by the Karnataka State Legal Service Authority and appropriate applicable multiplier is 11. Further, in view of the decision of the Hon’ble Supreme Court in Pranay Sethi (supra), reported in (2017) 16 SCC 680, 10% of the income is to be added towards loss of future prospects in life. The claimants are two children. Therefore, 1/3^rd of the income is to be deducted towards personal and living expenses. Therefore, loss of dependency is hereby re-assessed and quantified as Rs.6,29,200/- (Rs.6,500 + 10% minus 1/3^rd x 12 x 11).

¶169

In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance (supra), reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra) , the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.88,000/-

¶170

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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(Rs.40,000 x 2 + 10%) is awarded under the head ‘loss of

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consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and transportation’ respectively, along with 10% escalation. Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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Thus, the claimants would be entitled for

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards loss of dependency (Rs.6,500 + 10% minus 1/3^rdx 12 x 11).	6,29,200
2.	Towards loss of consortium (40,000 x 2 +10%)	88,000
3.	Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%)	33,000
	Total:	7,50,200

¶178

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

¶180

Therefore, the claimants are entitled for

¶181

compensation of Rs.7,50,200/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,80,000/- awarded by the tribunal. The insurance company is directed to deposit the compensation within eight weeks from the date of receipt of a certified copy of this judgment.

¶182

MFA No.100070/2016 (MVC No.72/2013).

¶183

In the present case the deceased was aged 52 years old and an agriculturist by profession. The accident is caused on 24.12.2012. Therefore, notional income would be Rs.6,500/- per month in the absence of proof of income, as recognized by the Karnataka State Legal Service Authority and appropriate applicable multiplier is 11. Further, in view of the decision of the Hon’ble Supreme Court in Pranay Sethi (supra), reported in

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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(2017) 16 SCC 680, 10% of the income is to be added towards loss of future prospects in life. The claimants are wife and two children. Therefore, 1/3^rd of the income is to be deducted towards personal and living expenses. Therefore, loss of dependency is hereby re-assessed and quantified as Rs.6,29,200/- (Rs.6,500 + 10% minus 1/3^rd x 12 x 11).

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In view of the decision of the Hon’ble Supreme Court in the case of Magma General Insurance (supra), reported in 2018 ACJ 2782 and in the case of Pranay Sethi (supra) , the claimants are entitled to Rs.40,000/- each under the head ‘loss of consortium’, along with 10% escalation. Accordingly, Rs.1,32,000/(Rs.40,000 x 3 + 10%) is awarded under the head ‘loss of consortium including loss of love and affection’.

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Further, a compensation of Rs.15,000/- each is awarded under the head ‘loss of estate’ and ‘funeral and

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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transportation’ respectively, along with 10% escalation.

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Therefore under these heads Rs.33,000/- (Rs.15,000 x 2 + 10%) is awarded.

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Thus, the claimants would be entitled for

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compensation under various heads as under:

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Sl.	Heads.	Amount in
No.		(Rs.)
1.	Towards loss of dependency (Rs.6,500 + 10% minus 1/3^rdx 12 x 11).	6,29,200
2.	Towards loss of consortium (40,000 x 3 +10%)	1,32,000
3.	Towards loss of estate and transportation of dead body & funeral expenses. (15,000 x 2 + 10%)	33,000
	Total:	7,94,200

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Therefore, the claimants are entitled for

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compensation of Rs.7,94,200/- along with interest at the rate of 6% p.a. from the date of filing of the petition till realization, as against Rs.4,80,000/- awarded by the tribunal. The insurance company is directed to deposit the

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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compensation within eight weeks from the date of receipt

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of a certified copy of this judgment.

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In the result, I proceed to pass the following:

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ORDER

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i) The appeals in MFA No.103546,

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103547, 103548, 103812 of 2015 filed by the

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owner of lorry No.KA-22/B-5924, are allowed.

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ii) The appeal in MFA Nos.100068/2016 filed by the claimant is allowed and the appeals in MFA Nos.100069 and 100070 of 2016 filed by the claimants are allowed in part.

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iii) The judgment and awards dated 30.09.2015, passed by the Addl. District and Sessions Judge and MACT, Gadag, in MVC No.140, 68, 70 and 72 of 2013, respectively, stand modified.

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iv) The appellants/claimants in MFA

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No.100068/2016 are entitled for total

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compensation of Rs.15,25,500/-.

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v) The appellants/claimants in MFA No.100069/2016 are entitled for total

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compensation of Rs.7,50,200/-.

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vi) The appellants/claimants in MFA No.100070/2016 are entitled for total compensation of Rs.7,94,200/-.

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vii) The claimants are entitled for compensation amount along with interest at the rate of 6% p.a. from the date of petition till realization.

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viii) The liability fastened on the owner of lorry to pay compensation is set aside by

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NC: 2023:KHC-D:11630 MFA No. 103546 of 2015 C/W MFA No. 103547 of 2015 MFA No. 103548 of 2015 MFA No. 103812 of 2015 MFA No. 100068 of 2016 MFA No. 100069 of 2016 MFA No. 100070 of 2016

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saddling the liability on the insurance company

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to pay compensation.

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ix) The insurance company shall deposit the amount within a period of eight weeks from the date of receipt of a copy of this judgment.

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x) The amount in deposit, if any, made

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by the appellant owner of the vehicle shall be

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refunded to him.