National Insurnace Co. Ltd., Vs Kumari.Balavva D/O Parasappa Kongal

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF AUGUST, 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.100074/2017(MV) C/W

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Digitally signed by SUJATA SUBHASH PAMMAR

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MISCELLANEOUS FIRST APPEAL NO.100075/2017(MV) MISCELLANEOUS FIRST APPEAL NO.100076/2017(MV) MISCELLANEOUS FIRST APPEAL NO.100077/2017(MV) MISCELLANEOUS FIRST APPEAL NO.100078/2017(MV) MISCELLANEOUS FIRST APPEAL NO.100079/2017(MV) MISCELLANEOUS FIRST APPEAL NO.103208/2017(MV) MISCELLANEOUS FIRST APPEAL NO.103209/2017(MV) MISCELLANEOUS FIRST APPEAL NO.103210/2017(MV) MISCELLANEOUS FIRST APPEAL NO.103211/2017(MV) MISCELLANEOUS FIRST APPEAL NO.103212/2017(MV)

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IN MFA.NO.100074/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580029, REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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SMT.NAGATEVVA W/O. PARASAPPA KONGAL, AGED ABOUT 37 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PIN CODE: 591101.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI, PIN CODE: 590001.

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…RESPONDENTS

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE FOR R1; SRI P.V.GUNJAL, ADVOCATE FOR R2; NOTICE TO R3 AND R4 ARE DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 2475/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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IN MFA.NO.100075/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580029, REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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KUMARI BALAVVA D/O. PARASAPPA KONGAL, AGED ABOUT 17 YEARS, OCC: COOLIE, BEING MINOR REPRESENTED BY HER NATURAL MOTHER SMT. NAGATEVVA W/O PARASAPPA KONGAL, AGED ABOUT 37 YEARS, OCC: AGRICULTURE, NOW NIL, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 101.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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OFFICE, RAMADEV GALLI, BELAGAVI, PIN CODE: 590001.

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…RESPONDENTS

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE FOR R1; R2 IS SERVED; NOTICE TO R3 AND R4 ARE DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 2476/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

¶43

IN MFA.NO.100076/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580029, REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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BALESH S/O RAMAPPA GADIWADDAR, AGED ABOUT 18 YEARS, OCC: COOLIE, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST; BELAGAVI, PIN CODE 591 101.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS,

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI, PIN CODE: 590001.

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…RESPONDENTS

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE FOR R1; R2 IS SERVED; NOTICE TO R3 AND R4 ARE DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 1304/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

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IN MFA.NO.100077/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA,

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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KUSUGAL ROAD, HUBBALLI-580029, REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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SHANTA W/O RAMAPPA GADIWADDAR, AGED ABOUT 37 YEARS, OCC: HOUSEHOLD WORK AND COOLIE, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 101.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI, PIN CODE: 590001.

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…RESPONDENTS

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE FOR R1; R2 IS SERVED; NOTICE TO R3 AND R4 ARE DISPENSED WITH)

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 1305/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

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IN MFA.NO.100078/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., THE DIVISIONAL MANAGER, DIVISIONAL OFFICE, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI-580029, REPRESENTED BY ITS MANAGER.

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…APPELLANT

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(BY SMT. PREETI SHASHANK, ADVOCATE)

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AND:

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AJJAPPA S/O. SIDDAPPA JADAGAPPAGOL, AGED ABOUT 62 YEARS, OCC: AGRICULTURE, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 101.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE,

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELAGAVI, PIN CODE: 590001.

¶90

…RESPONDENTS

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE FOR R1; SRI P.V.GUNJAL, ADFOCATE FOR R2; NOTICE TO R3 AND R4 ARE DISPENSED WITH)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 1306/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

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IN MFA.NO.100079/2017:

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BETWEEN:

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NATIONAL INSURNACE CO. LTD., BY ITS SENIOR DIVISIONAL MANAGER, RAMDEV GALLI, BELAGAVI, REPRESENTED THROUGH ITS REGIONAL OFFICE, ARIHANT PLAZA, KUSUGAL ROAD, HUBBALLI – 580 029, REPRESENTED BY ITS REGIONAL MANAGER.

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…APPELLANT

¶97

(BY SMT. PREETI SHASHANK, ADVOCATE)

¶98

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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AND:

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SUNIL S/O BALAPPA GASTI, AGED ABOUT 21 YEARS, OCC: AGRICULTURE, R/O: HARUGERI, TQ: RAIBAG, NOW RESIDEING AT TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 101.

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SMT. ROOPAWWA W/O. SHRISHAIL NAIK, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD WORK, R/O: PANCHANAIKANHATTI, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 307.

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RAMESH S/O. MALLESHAPPA HUGAR, AGED ABOUT 43 YEARS, OCC:DRIVER, R/O: MURAGOD, TQ: SOUNDATTI, DIST: BELAGAVI, PINCODE: 591 119.

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCC: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SAUNDATTI, DISTRICT: BELAGAVI, PIN CODE: 591119, OWNER CUM DRIVER OF WAGON R. VEHICLE BEARING NO.KA-24/M-4417.

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SRI ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR, OCC: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELAGAVI, PIN CODE: 591344, OWNER CUM DRIVER OF BAJAJ TEMIPO VEHICLE BEARING NO.KA-23/M-4659).

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…RESPONDENTS

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(BY SRI SANTOSH HATTIKATAGI, ADVOCATE FOR C/R1 AND R2; R3 AND R4 ARE NOTICE DISPENSED WITH; R5 IS SERVED)

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¶109

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH MVC 603/2014 ON THE FILE OF THE XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, BELAGAVI, SITTING AT GOKAK EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND AWARD DATED 09.09.2016 AS AGAINST THE APPELLANT IN HTHE INTERESR OF JUSTICE.

¶111

IN MFA.NO.103208/2017:

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BETWEEN:

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AJJAPPA S/O. SIDDAPPA JADAGAPPAGOL, AGE: 63 YEARS, OCCU: HOUSE HOLD WORK AND COOLIE, R/O: TAVAG VILLAGE, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 307.

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…APPELLANT

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(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)

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AND:

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ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR YEARS, OCCU: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELGAUM, PIN CODE: 591 307.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PIN CODE 590 001.

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SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCCU: BUSINESS,

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SOUNDATTI, DISTRICT: BELGAUM, PIN CODE: 591126.

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THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PINCODE – 590 001.

¶124

…RESPONDENTS

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(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE DISPENSED WTH)

¶126

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND MODIFIED THE JUDGEMENT AWARD DATED 09.09.2016 PASSED BY THE IN THE COURT OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT BELAGAVI, SITTING AT GOKAK MVC NO.1306/2014.

¶127

IN MFA.NO.103209/2017:

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BETWEEN:

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SHANTA W/O RAMAPPA GADIWADDAR, AGE: 37 YEAR, OCCU: HOUSE HOLD WORK AND COOLIE, R/O: TAVAG VILLAGE, TQ: GOKAK, TQ: GOKAK, DIST: BELGAUM, PINCODE: 591 307.

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…APPELLANT

¶131

(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)

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AND:

¶133

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NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

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ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR YEARS, OCCU: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELGAUM, PIN CODE: 591 307.

¶136

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PIN CODE 590 001.

¶137

SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCCU: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SOUNDATTI, DISTRICT: BELGAUM, PIN CODE: 591126.

¶138

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PINCODE – 590 001.

¶139

…RESPONDENTS

¶140

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE DISPENSED WTH)

¶141

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT AWARD DATED 09.09.2016 PASSED BY THE COURT OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT BELAGAVI, SITTING AT GOKAK MVC NO.1305/2014.

¶142

IN MFA.NO.103210/2017:

¶143

BETWEEN:

¶144

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¶145

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶146

BALESH S/O RAMAPPA GADIWADDAR, AGE: 19 YEARS, OCCU: COOLIE, R/O: TAVAG VILLAGE, TQ: GOKAK, TQ: GOKAK, DIST: BELAGAVI, PINCODE: 591 307.

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…APPELLANT

¶148

(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)

¶149

AND:

¶150

ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR YEARS, OCCU: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELGAUM, PIN CODE: 591 307.

¶151

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PIN CODE 590 001.

¶152

SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCCU: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SOUNDATTI, DISTRICT: BELGAUM, PIN CODE: 591126.

¶153

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PINCODE – 590 001.

¶154

…RESPONDENTS

¶155

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE DISPENSED WTH)

¶156

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¶157

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶158

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT AWARD DATED 09.09.2016 PASSED BY THE COURT OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT BELAGAVI, SITTING AT GOKAK MVC NO.1304/2014.

¶159

IN MFA.NO.103211/2017:

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BETWEEN:

¶161

SMT. NAGATEVVA W/O. PARASAPPA KONGAL, AGE: 38 YEAR, OCCU: AGRICULTURE NOW NIL, R/O: TAVAG VILLAGE, TQ: GOKAK, TQ: GOKAK, DIST: BELGAUM, PINCODE: 591 307.

¶162

…APPELLANT

¶163

(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)

¶164

AND:

¶165

ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR YEARS, OCCU: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELGAUM, PIN CODE: 591 307. (OWNER –CUM-DRIVER OF BAJAJ TEMPO VEHICLE BEARING EGN NO.KA-23/M-4659).

¶166

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PIN CODE 590 001.

¶167

SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE,

¶168

15 -

¶169

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶170

AGE: MAJOR, OCCU: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SOUNDATTI, DISTRICT: BELGAUM, PIN CODE: 591126.

¶171

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PINCODE – 590 001.

¶172

…RESPONDENTS

¶173

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE DISPENSED WTH)

¶174

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT AWARD DATED 09.09.2016 PASSED BY THE COURT OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT BELAGAVI, SITTING AT GOKAK MVC NO.2475/2014.

¶175

IN MFA.NO.103212/2017:

¶176

BETWEEN:

¶177

KUMARI BALAVVA D/O. PARASAPPA KONGAL, AGE: 17 YEAR, OCCU: COOLIE, (BEING A MINOR, REPRESENTED BY HER NATURAL MOTHER) SMT. NAGATEVVA W/O. PARASAPPA KONGAL, AGE: 38 YEARS, OCCU: AGRICULTURE, NOW NIL, R/O: TAVAG VILLAGE, TQ: GOKAK, TQ: GOKAK, DIST: BELGAUM, PINCODE: 591 307.

¶178

…APPELLANT

¶179

(BY SRI BAHUBALI N. KANABARAGI, ADVOCATE)

¶180

16 -

¶181

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶182

AND:

¶183

ISHWAR S/O. SHIVALINGAPPA KADI, AGE: MAJOR YEARS, OCCU: BUSINESS, R/O: KHANAGAON VILLAGE, TQ: GOKAK, DISTRICT: BELGAUM, PIN CODE: 591 307.

¶184

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PIN CODE 590 001.

¶185

SMT.IMAMBI W/O. SHABBIRAHAMMAD PEERJADE, AGE: MAJOR, OCCU: BUSINESS, R/O: HOSAPETH GALLI, MURGOD VILLAGE, TQ: SOUNDATTI, DISTRICT: BELGAUM, PIN CODE: 591126.

¶186

THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD., DIVISIONAL OFFICE, RAMADEV GALLI, BELGAUM, PINCODE – 590 001.

¶187

…RESPONDENTS

¶188

(BY SMT. PREETI SHASHANK, ADVOCATE FOR R2; SRI P.V.GUNJAL, ADVOCATE FOR R1; NOTICE TO R3 AND R4 ARE DISPENSED WTH)

¶189

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR THE RECORDS, ALLOW THE APPEAL AND SET ASIDE THE JUDGEMENT AWARD DATED 09.09.2016 PASSED BY THE COURT OF XII ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT BELAGAVI, SITTING AT GOKAK MVC NO.2476/2014.

¶190

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

¶191

17 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

HSJ:

18.08.2023

JUDGMENT

MFA.Nos.100074/2017, 100075/2017, 100076/2017, 100077/2017, 100078/2017 and MFA.No.100079/2017 are filed by the Insurance Company challenging the judgment and award passed by the Tribunal questioning the liability to pay compensation on the ground that the insurance policy is Act Policy, but the claimants were travelling in the Bajaj tempo. Hence, the risk of inmates in the said Bajaj tempo is not covered under the Act Policy.

¶196

MFA.Nos.103208/2017, 103209/2017, 103210/2017, 103211/2017 and MFA.No.103212/2017 are filed by the claimants for seeking enhancement of compensation.

¶197

18 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶198

It is stated that the claimants were travelling in

¶199

Bajaj tempo bearing reg.No.KA.23/M-4659 as inmates and met with an accident due to rash and negligent driving by the driver of Bajaj tempo and sustained injuries. Therefore, they filed the claim petitions and the Tribunal has awarded compensation by fixing the liability on the Insurance Company to pay compensation to the claimants by indemnifying the owner.

¶200

3. Heard the arguments from both sides and

¶201

perused the records.

¶202

Learned counsel for the Insurance

¶203

Company submitted that, in the present case, the insurance policy in respect of Bajaj tempo is Act Policy/Liability Policy only and the claimants being inmates

¶204

19 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶205

in Bajaj tempo are not third parties. Therefore, the Insurance Company is not liable to indemnify the owner and to pay compensation to the claimants. Therefore, prays for modification of the judgment and award fixing liability on the owner of the Bajaj tempo.

¶206

On the other hand, learned counsel for the

¶207

claimants and owner of the Bajaj tempo have justified the judgment and award passed by the Tribunal and prays to dismiss the appeals filed by the Insurance Company and also prays for enhancement of quantum of compensation.

¶208

In the present case, it is not disputed that

¶209

the claimants had travelled in the Bajaj tempo as inmates. Hence, the claimants are not categorized as third parties. Admittedly, the policy issued in respect of Bajaj tempo is

¶210

20 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶211

Act Policy/Liability only policy. Therefore, where the policy is Act Policy/Liability only policy, the Insurance Company is liable to indemnify only for third parties and others compulsorily covered as per Section 147 of MV Act. The issue is no more res integra in view of the judgment of this

¶212

Court in the case DIVISIONAL MANAGER, UNITED INDIA INS COMPANY LIMITED & OTHERS Vs. SHAMARAYA & OTHERS passed in MFA 31781/2010 & CONNECTED MATTERS DD:22/12/2020. Since, in the present case, it is proved that the insurance policy is Act Policy/Liability only Policy and the claimants being inmates of Bajaj tempo are not third party. Therefore, the Insurance Company is not liable to indemnify the owner of Bajaj tempo. Further there is no evidence that the owner has paid extra/additional premium to cover the risk of inmates also. Therefore, under these facts and

¶213

21 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶214

circumstances and evidence revealed, the Insurance Company is not liable to indemnify the owner and pay compensation to the claimants. The owner of Bajaj tempo bearing reg.No.KA-23/M-4659 has to pay compensation to the claimants. Therefore, the appeals filed by the Insurance Company are liable to be allowed.

¶215

Quantum of compensation:

¶216

MFA.NO.103208/2017 (MVC.No.1306/2014):

¶217

In the present case, from the medical evidence on record, it is proved that the claimant has suffered fracture of 3^rd , 4^th , 5^th and 6^th ribs, right side chest, contusion of left hip, chin and abrasion on chin and left elbow. The above said injuries are grievous in nature. Accordingly, compensation of Rs.30,000/- is awarded under the head injury, pain and suffering.

¶218

22 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶219

The compensation of Rs.22,603/- awarded

¶220

under the head medical expenses is as per the actual bills produced. Hence, it is kept in tact.

¶221

The compensation awarded by the

¶222

Tribunal under the head incidental expenses such as food, nourishment, conveyance & attendant charges are found to be just and proper. Hence, it is kept in tact.

¶223

The doctor has stated that the claimant

¶224

had suffered 30% of physical disability and the Tribunal has considered 9% as functional disability and the same is enhanced. Accordingly, considering the nature of injuries sustained and disability occurred, the functional disability is considered as 12%. The accident was caused in the year 2014, therefore, notional income is taken at Rs.7,500/-

¶225

23 -

¶226

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶227

p.m. the claimant was aged 70 years, therefore, the appropriate multiplier applicable is “5”. Therefore, compensation under the head loss of earning capacity due to disability is re-assessed and quantified as follows:

¶228

Rs.7,500/- x 12% x 5 x 12=Rs.54,000/-

¶229

Accordingly, compensation of Rs.54,000/- is

¶230

awarded under the head loss of earning capacity due to disability.

¶231

The compensation awarded under the

¶232

head loss of income during laid up period is found to be just and proper. Hence, it is kept in tact.

¶233

The compensation of Rs.25,000/- is awarded under the head loss of amenities as against Rs.10,000/- awarded by the Tribunal.

¶234

24 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶235

13. Thus, in all, the appellant/claimant is entitled to total compensation under various heads as follows:

¶236

1	Injury, pain and suffering	Rs.	30,000/-
2	Medical expenses	Rs.	22,603/-	Kept in tact
3	Incidental expenses such as food, nourishment, conveyance & attendant charges	Rs.	10,000/-	Kept in tact
4	Loss of earning capacity due to disability	Rs.	54,000/-
5	Loss of income during laid up period	Rs.	15,000/-	Kept in tact
6	Loss of amenities	Rs.	25,000/-
	Total	Rs.	1,56,603/-

¶237

The Tribunal has awarded compensation of Rs.1,05,000/-, but the appellant/claimant is entitled to total compensation of Rs.1,56,603/- . Hence, the appellant/claimant is entitled to enhanced compensation of

¶238

25 -

¶239

NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶240

Rs.51,603/- (Rs.1,56,603/- - Rs.1,05,000/-). Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.51,603/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal.

¶241

IN MFA.No.103209/2017 (MVC.No.1305/2014):

¶242

In the present case, the compensation awarded by the Tribunal is correct, just and proper considering the nature of injuries sustained. Hence, there is no need to make enhancement.

¶243

IN MFA.No.103210/2017 (MVC.No.1304/2014):

¶244

In the present case, the compensation

¶245

awarded by the Tribunal is correct, just and proper

¶246

26 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶247

considering the nature of injuries sustained. Hence, there

¶248

is no need to make enhancement.

¶249

IN MFA.No.103211/2017 (MVC.No.2475/2014)

¶250

In the present case, the claimant has

¶251

sustained contusion on right loin and pelvis, fracture of right ileum, abrasion of left forearm, contusion on right shoulder. The Tribunal has awarded global compensation of Rs.30,000/-. Considering the nature of injuries sustained and disability occurred, it is just and proper to award additional global compensation of Rs.10,000/- along with interest at the rate of 6% pa., from the date of petition till the date of realization.

¶252

IN MFA.No.103212/2017 (MVC.No.2476/2014):

¶253

In the present case, the compensation

¶254

awarded by the Tribunal is correct, just and proper

¶255

27 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶256

considering the nature of injuries sustained. Hence, there

¶257

is no need to make enhancement.

¶258

Accordingly, I proceed to pass the

¶259

following:

¶260

ORDER

¶261

i. MFA.Nos.100074/2017, 100075/2017, 100076/2017, 100077/2017, 100078/2017 and MFA.No.100079/2017 filed by the Insurance Company are allowed . ii. MFA.No.103208/2017 and MFA.No.103211/2017 filed by the claimants are allowed-in-part . iii. MFA.Nos.103209/2017, 103210/2017 and MFA.No.103212/2017 filed by the claimants are dismissed .

¶262

28 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶263

iv. The impugned judgment and award dated 09.09.2016 in MVC.Nos.2475/2014, 2476/2017, 1304/2014, 1305/2014 and MVC.No.1306/2014 passed by XII Addl. District & Sessions Judge & Addl. MACT, Belagavi, sitting at Gokak is modified.

¶264

v. The owner of Bajaj tempo bearing reg.No.KA23/M-4659 is directed to pay compensation to the claimants.

¶265

vi. The claimant in MFA.No.103208/2017 is entitled to enhanced compensation of Rs.51,603/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to what has been awarded by the Tribunal and the claimant in MFA.No.103211/2017 is entitled to additional global compensation of Rs.10,000/- along with interest at the rate of 6%

¶266

29 - NC: 2023:KHC-D:9118 MFA No. 100074 of 2017 C/W MFA No. 100075 of 2017, MFA No. 100076 of 2017, MFA No. 100077 of 2017, MFA No. 100078 of 2017, MFA No. 100079 of 2017, MFA No. 103208 of 2017, MFA No. 103209 of 2017, MFA No. 103210 of 2017, MFA No. 103211 of 2017, MFA No. 103212 of 2017

¶267

pa., from the date of petition till the date of realization.

¶268

vii. No order as to costs.

¶269

viii. The amount in deposit made by the Insurance Company shall be refunded to the Insurance Company.

¶270

ix. The appellants/claimants in MFA.No.103208/2017 and MFA.No.103211/2017 are not entitled to interest for the delay period of 255 days in filing the above said appeals.

¶271

x. Draw award accordingly.

¶272

SD/JUDGE

¶273

PB

¶274

List No.: 2 Sl No.: 18

National Insurnace Co. Ltd., v. Kumari.Balavva D/O Parasappa Kongal

Case brief

What is this about?

What did the court decide?

National Insurnace Co. Ltd., v. Kumari.Balavva D/O Parasappa Kongal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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