The General Manager, Vs Smt. Irawwa W/O Sidramappa Hadapad

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NC: 2024:KHC-D:9116

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE VENKATESH NAIK T

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M.F.A. NO.103913 OF 2018 C/W M.F.A. NOS.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 OF 2018 & M.F.A. NO.103959 OF 2018 (MV)

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IN MFA NO. 103913 OF 2018:

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BETWEEN:

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Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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SMT. IRAWWA W/O. SIDRAMAPPA HADAPAD AGE: 38 YEARS, OCC: COOLIE, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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GANGADHAR S/O. SIDRAMAPPA HADAPAD, AGE: 18 YEARS, OCC: STUDENT, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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KUMARI REKHA D/O. SIDRAMAPPA HADAPAD,

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NC: 2024:KHC-D:9116

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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AGE: 16 YEARS, OCC: STUDENT, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101. (RESPONDENT NO.3 MINOR REPRESENTED BY HER NATURAL GUARDIAN MOTHER SMT. IRAWWA HADAPAD).

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOTE, PIN CODE: 587201.

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THE BRANCH MANAGER UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101. …RESPONDENTS

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(BY SRI. N. L. BATAKURKI, ADV. FOR R1 TO R3; SRI. N. R. KUPPELUR, ADV. FOR R5; NOTICE TO R6 SERVED; NOTICE TO R4 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.127/2015 & ETC.

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IN MFA NO. 103914 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD.,

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3 - NC: 2024:KHC-D:9116

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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HANAMANT S/O. HANAMAPPA KAMATHAR AGE: 56 YEARS, OCC: SUPERVISOR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.128/2015 & ETC.

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NC: 2024:KHC-D:9116

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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IN MFA NO. 103915 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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CH&RAPPA S/O. DUNDAPPA NEERALAKERI, AGE: 46 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOTE, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101. …RESPONDENTS (BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.129/2015 & ETC.

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IN MFA NO. 103916 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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HANAMANT S/O. DUNDAPPA TALAWAR, AGE: 55 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS,

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6 - NC: 2024:KHC-D:9116

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS (BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.130/2015 & ETC.

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IN MFA NO. 103917 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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HANAMANT S/O. BHIMAPPA KENDUR, AGE: 48 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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THE BRANCH MANAGER,

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UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.131/2015 & ETC.

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IN MFA NO. 103918 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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RANGAPPA S/O. YALLAPPA NAIKAR, AGE: 38 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT,

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOTE, PIN CODE: 587101. …RESPONDENTS (BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.132/2015 & ETC.

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IN MFA NO. 103919 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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9 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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AND

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RAMESH S/O. DUNDAPPA ANEGUDDI, AGE: 38 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.133/2015 & ETC.

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IN MFA NO. 103920 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER,

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10 - NC: 2024:KHC-D:9116

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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BENNAPPAP S/O. GOVINDAPPA BISANAL, AGE: 48 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.134/2015 & ETC.

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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IN MFA NO. NO. 103921 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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JAGANNATH S/O. HANAMANT TALAWAR, AGE: 21 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOTE, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS, NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOTE, PIN CODE: 587101. …RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.135/2015 & ETC.

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IN MFA NO. 103922 OF 2018:

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BETWEEN:

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THE GENERAL MANAGER, SHRIRAM GENERAL INS. COM LTD., THE REGINOAL MANAGER, SHRIRAM GENERAL INSURANCE COM. LTD., NO.302, 3RD FLOOR, S & S COMER BUILDING, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGLAURU-560001, REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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…APPELLANT

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(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)

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AND

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LAXMANI S/O. HANAMAPPA HULLIKERI, AGE: 43 YEARS, OCC: LABOUR, R/O: HIRESHELLIKER, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: OWNER, R/O: KERAKALMATTI, TQ: BADAMI, DIST: BAGALKOT, PIN CODE: 587201.

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THE BRANCH MANAGER, UNITED INDIA INSURANCE COM LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.

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VASANTKUMAR B. DAYAMA AGE: 63 YEARS, OCC: OWNER OF LORRY, R/O: C/O.TULAJABHAVANI ROADWAYS,

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MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

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NEAR SHARADA LODGE BAGALKOT, TQ & DIST: BAGALKOT, PIN CODE: 587101.

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…RESPONDENTS

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(BY SRI. N. R. KUPPELUR, ADV. FOR R3; NOTICE TO R1 & R4 SERVED; NOTICE TO R2 DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER M.A.C.T, NO.III BAGALKOT IN MVC NO.136/2015 & ETC.

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IN MFA NO. 103950 OF 2018:

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BETWEEN:

¶169

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶170

…APPELLANT

¶171

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶172

AND

¶173

SMT. IRAWWA W/O. SIDRAMAPPA HADAPAD, AGE: 38 YEARS, OCC: COOLIE, R/O. HIRESHELLIKER VILLAGE, TQ & DIST:BAGALKOTE.

¶174

GANGADHAR S/O. SIDRAMAPPA HADAPAD, AGE: 18 YEARS, OCC: STUDENT, R/O. HIRESHELLIKER VILLAGE, TQ & DIST:BAGALKOTE.

¶175

KUM. REKHA D/O. SIDRAMAPPA HADAPAD AGE: 16 YEARS, OCC: STUDENT, R/O. HIRESHELLIKER VILLAGE, TQ & DIST:BAGALKOTE.

¶176

14 -

¶177

NC: 2024:KHC-D:9116

¶178

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶179

(REP. BY RESP.NO.1).

¶180

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE, TQ: BADAMI, DIST: BAGALKOTE.

¶181

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC:BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGALKOTE, TQ & DIST: BAGALKOTE.

¶182

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302,3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶183

…RESPONDENTS

¶184

(BY SRI. N. L. BATAKURKI, ADV. FOR R1 TO R3; SRI. NAGARAJ C. KOLLOORI, ADV. FOR R6; NOTICE TO R4 & R5 SERVED)

¶185

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.127/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶186

IN MFA NO. 103951 OF 2018:

¶187

BETWEEN:

¶188

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶189

…APPELLANT

¶190

15 - NC: 2024:KHC-D:9116

¶191

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶192

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶193

AND

¶194

HANAMANT S/O. HANAMAPPA KAMATHAR, AGE: 56 YEARS, OCC: SUPERVISOR, R/O. HIRESHELLIKER VILLAGE, TQ & DIST:BAGALKOTE.

¶195

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE, TQ: BADAMI, DIST: BAGALKOTE.

¶196

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE.

¶197

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302,3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶198

…RESPONDENTS

¶199

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; NOTICE TO R1, R2 & R3 SERVED)

¶200

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.128/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶201

IN MFA NO. 103952 OF 2018:

¶202

BETWEEN:

¶203

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD,

¶204

16 -

¶205

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¶206

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶207

MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶208

…APPELLANT

¶209

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶210

AND

¶211

CH&RAPPA S/O. DUNDAPPA NEERALAKERI, AGE: 46 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST:BAGALKOTE.

¶212

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶213

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶214

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD, NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶215

…RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 & R3 SERVED)

¶216

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.129/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶217

17 - NC: 2024:KHC-D:9116

¶218

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶219

IN MFA NO. 103953 OF 2018:

¶220

BETWEEN:

¶221

THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶222

…APPELLANT

¶223

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶224

AND

¶225

HANAMANT S/O. DUNDAPPA TALAWAR, AGE: 55 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST:BAGALKOTE.

¶226

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶227

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶228

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶229

…RESPONDENTS

¶230

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶231

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.130/2015

¶232

18 -

¶233

NC: 2024:KHC-D:9116

¶234

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶235

ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶236

IN MFA NO. 103954 OF 2018:

¶237

BETWEEN:

¶238

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶239

…APPELLANT

¶240

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶241

AND

¶242

HANAMANT S/O. BHIMAPPA KENDUR AGE: 48 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE, TQ & DIST:BAGALKOTE.

¶243

YANKAPPA S/O. HANAMAPPA KAMATHAR AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶244

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶245

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶246

…RESPONDENTS

¶247

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;

¶248

19 - NC: 2024:KHC-D:9116

¶249

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶250

SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶251

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.131/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶252

IN MFA NO. 103955 OF 2018:

¶253

BETWEEN:

¶254

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶255

…APPELLANT

¶256

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶257

AND

¶258

RANGAPPA S/O. YELLAPPA NAIKAR AGE: 38 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST: BAGALKOTE.

¶259

YANKAPPA S/O. HANAMAPPA KAMATHAR AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶260

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶261

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD,

¶262

20 -

¶263

NC: 2024:KHC-D:9116

¶264

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶265

NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶266

…RESPONDENTS

¶267

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶268

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.132/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶269

IN MFA NO. 103956 OF 2018:

¶270

BETWEEN:

¶271

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶272

…APPELLANT

¶273

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶274

AND

¶275

RAMESH S/O. DUNDAPPA ANEGUDDI AGE: 38 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST:BAGALKOTE.

¶276

YANKAPPA S/O. HANAMAPPA KAMATHAR AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶277

VASANTKUMAR B DAYAMA

¶278

21 - NC: 2024:KHC-D:9116

¶279

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶280

AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST: BAGALKOTE-587102.

¶281

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶282

…RESPONDENTS (BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶283

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.133/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶284

IN MFA NO. 103957 OF 2018:

¶285

BETWEEN:

¶286

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD, MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶287

…APPELLANT

¶288

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶289

AND

¶290

BENNAPPA S/O. GOVINDAPPA BISANAL, AGE: 48 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST: BAGALKOTE.

¶291

22 - NC: 2024:KHC-D:9116

¶292

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶293

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶294

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶295

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD, NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶296

…RESPONDENTS

¶297

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; NOTICE TO R1, R2 AND R3 SERVED)

¶298

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.134/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶299

IN MFA NO. 103958 OF 2018:

¶300

BETWEEN:

¶301

THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE. REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER. (BY SRI. N. R. KUPPELUR, ADVOCATE)

¶302

…APPELLANT

¶303

23 - NC: 2024:KHC-D:9116

¶304

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶305

AND

¶306

JAGANNATH S/O. HANAMANT TALAWAR AGE: 21 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST:BAGALKOTE.

¶307

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶308

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶309

THE GENERAL MANAGER SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶310

…RESPONDENTS

¶311

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶312

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.135/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶313

IN MFA NO. 103959 OF 2018:

¶314

BETWEEN:

¶315

THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., MALLIKARJUN COTTON PRESSING FACTORY, KALADAGI ROAD, BAGALKOTE.

¶316

24 -

¶317

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¶318

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶319

REPRESENTED BY ITS DIVISIONAL OFFICE, MARUTI GALLI, BELAGAVI, BY ITS SR. DIVISIONAL MANAGER.

¶320

…APPELLANT

¶321

(BY SRI. N. R. KUPPELUR, ADVOCATE)

¶322

AND

¶323

LAXMAN S/O. HANAMAPPA HULLIKERI, AGE: 43 YEARS, OCC: LABOURER, R/O. HIRESHELLIKER VILLAGE-587204, TQ & DIST:BAGALKOTE.

¶324

YANKAPPA S/O. HANAMAPPA KAMATHAR, AGE: 59 YEARS, OCC: BUSINESS, R/O. KERAKALMATTI VILLAGE-587201, TQ: BADAMI, DIST: BAGALKOTE.

¶325

VASANTKUMAR B. DAYAMA, AGE: 63 YEARS, OCC: BUSINESS, R/O. TULAJABHAVANI ROADWAYS, NEAR SHARADHA LODGE, BAGLKOTE, TQ & DIST:BAGALKOTE-587102.

¶326

THE GENERAL MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., NO.302, 3RD FLOOR, S & S COMER BUILD, BOWRING & LADY CURZEN HOSPITAL, SHIVAJI NAGAR, BENGALURU-560001.

¶327

…RESPONDENTS

¶328

(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4; SRI. N. L. BATAKURKI, ADV. FOR R1; NOTICE TO R2 AND R3 SERVED)

¶329

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.136/2015 ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN THE INTEREST OF JUSTICE.

¶330

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

¶331

25 -

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¶333

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶334

COMMON JUDGMENT

¶335

As these appeals are arising out of common judgment and award of the Tribunal, they are heard together and disposed off by this common judgment.

¶336

M.F.A. Nos.103913, 103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922 of 2018 are filed by the Shriram General Insurance Company Limited challenging the judgment and award of the Tribunal with regard to liability and also quantum of compensation, whereas M.F.A. Nos.103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958, 103959 of 2018 are filed by the United India Insurance Company Limited seeking reduction of the compensation and also the liability and quantum awarded by the Tribunal in M.V.C. Nos.127 to 136 of 2015, dated 11.07.2018, on the file of the Member M.A.C.T. No.III, Bagalakote, (for short, ‘the Tribunal’ ).

¶337

For the sake of convenience, the parties are referred to as they are referred to in the claim petitions before the Tribunal.

¶338

The brief facts of the cases of the claimants and

¶339

26 -

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¶341

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶342

Insurance Companies in these appeals are as under:

¶343

On 01.06.2014, at about 07:45 p.m., When Sidramappa Hadapad alongwith other claimants were proceeding in a tumtum vehicle bearing registered No.KA-29/A-3884 from Lokapur-Hireshellikeri village to return their houses, when they came near Khajjidoni pool on Lokapur-Bagalkot road, at that time, the driver of the above said vehicle drove the said vehicle in a rash and negligent manner and dashed to the lorry bearing registered No.KA-29/A-5264, which was parked at left side of the road without putting any signals and caused the accident.

¶344

Due to the said impact, the inmates of the vehicle were sustained grievous fractures injuries and Sidramappa Hadapad, died on the way to hospital. Hence, the first informant lodged the first information report. This led to registration of FIR and investigation.

¶345

The legal representatives of the deceased Sidramappa Hadapad and other claimants have filed their petitions before the Tribunal. The Tribunal considering the oral and documentary evidence at Exs.P1 to P46 and oral evidence of P.Ws.1 to 10 and evidence of R.Ws.1 and 2 and at Exs.R1 to R4 has awarded compensation in favour of claimants is as

¶346

27 -

¶347

NC: 2024:KHC-D:9116

¶348

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶349

under:

¶350

Sl. Nos.	M.V.C. Nos.	Amount claimed	Amount Awarded
1	127/2015	Rs.15,00,000/-	Rs.3,64,000/-
2	128/2015	Rs.9,00,000/-	Rs.3,00,000/-
3	129/2015	Rs.9,00,000/-	Rs.3,00,000/-
4	130/2015	Rs.9,00,000/-	Rs.3,00,000/-
5	131/2015	Rs.9,00,000/-	Rs.3,00,000/-
6	132/2015	Rs.3,50,000/-	Rs.1,00,000/-
7	133/2015	Rs.3,50,000/-	Rs.1,00,000/-
8	134/2015	Rs.3,50,000/-	Rs.1,00,000/-
9	135/2015	Rs.5,00,000/-	Rs.1,50,000/-
10	136/2015	Rs.5,00,000/-	Rs.1,60,000/-

¶351

The Tribunal saddled the liability on United India Insurance Company Limited to pay 80% of the award amount to the claimants and saddled the liability on insurer of the lorry i.e., Shriram General Insurance Company Limited to pay 20% of the award amount to the claimants.

¶352

Being aggrieved by the judgment and award of the

¶353

Tribunal, the Insurer of tumtum vehicle and lorry filed these appeals.

¶354

Heard learned counsel for the appellants and

¶355

learned counsel for the claimants in all the appeals.

¶356

Sri.Nagaraj C. Kolloori, learned counsel for insurer

¶357

of lorry, has contended that the lorry in question was parked by the side of the road and not in the middle of the road as

¶358

28 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶359

contended by the claimants.

¶360

Learned counsel for insurer of the tumtum vehicle submits that the driver of tumtum vehicle was not possessing valid and effective driving licence, perhaps, this was led to negligence and hence, the accident was occurred. Learned counsel further submits that the liability fixed by the Tribunal at 20% is not in accordance with law. In fact, the entire liability was to be fixed on the owner of the tumtum vehicle. Hence, he prays to allow the appeals filed by the insurer of the lorry.

¶361

Miss.Vinaya Kuppellur, learned counsel for insurer of tumtum vehicle vehemently contended that since lorry was parked in the middle of the road, it was hindrance to the other vehicles. Therefore, this accident had occurred. There is involvement of two vehicles and the driver of lorry also contributed negligence. The driver of the tumtum vehicle was not possessing valid and effective driving licence. All the claimants including deceased Sidramappa Hadapad were unauthorized passengers in the tumtum. Hence, the owner of tumtum vehicle has violated the policy conditions. Therefore, the insurer is not liable to indemnify the owner of tumtum vehicle.

¶362

29 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶363

Learned counsel for insurer of tumtum vehicle fairly

¶364

submitted that if this Court comes to the conclusion that there is contributory negligence by the driver of both lorry and tumtum vehicle, under such circumstances, 50% liability may be saddled on both Insurance Companies.

¶365

In support of the contention of the learned counsel for the appellants, they relied upon the decision of the coordinate Bench of this Court in M.F.A. No.2434/2014 dated 17.09.2019.

¶366

Sri.N.L.Batakurki, learned counsel for claimants submitted that the Tribunal has rightly saddled the liability on both insurance companies and the principle of pay and recovery would not arise in this case. In support of his contention, he relied upon the decision in the case of Manuara Khatun and

¶367

others vs. Rajesj Kr. Singh and others¹ .

¶368

Learned counsel further submitted that if this Court comes to the conclusion that if there was a violation of policy conditions in respect of tumtum Vehicle, under such circumstance, the principle of pay and recovery method be invoked.

¶369

1 (2017) 4 SCC 796

¶370

30 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶371

Heard leaned counsel appearing for the claimants

¶372

and learned counsels appearing for the insurance companies and perused the judgment and award of the Tribunal.

¶373

In view of the contentions urged by both the

¶374

parties, the following points that would arise for Court’s consideration are as follows:

¶375

1 “Whether the appellant – insurer and tumtum vehicle proved that the driver of tumtum vehicle was not holding valid and effective driving licence and the deceased and all the claimants were unauthorized passengers in the vehicle, thereby, there was a breach of policy conditions and hence, it is not liable?

¶376

2 Whether the insurer of tumtum vehicle proved that, the driver of lorry parked the vehicle in the middle of road, as such, he also equally contributed negligence?

¶377

3 Whether the insurer of lorry has made out sufficient grounds that, the driver of tumtum vehicle was not holding valid driving licence, who caused entire accident, as such, it is not liable to pay any compensation?

¶378

4 Whether the quantum of compensation awarded by the Tribunal in all claim petitions is just and reasonable or does it call for enhancement of

¶379

31 - NC: 2024:KHC-D:9116

¶380

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶381

compensation or reduction?”

¶382

The insurer of lorry has taken up contention that

¶383

the appellants filed these appeals challenging the quantum of compensation and liability. The accident was occurred between two vehicles and there was no negligence on the part of the lorry, even though contributory negligence is fixed by investigating officer. Hence, the learned counsel prayed that the cases are liable to be re-assessed and liability saddled on the insurer of lorry be shifted to insurer of tumtum vehicle.

¶384

Further, the insurer of tumtum vehicle contended that in all 12 unauthorized passengers were travelled in a tumtum goods vehicle, who were travelled after attending their coolie work at “Baburao Minerals Factory”, the deceased and other claimants were not engaged as coolies in the tumtum goods Vehicle. Therefore, the findings of the Tribunal insofar as liability is concerned, is perverse and illegal. The Tribunal has committed an error in not considering the fact that, neither the policy as per Ex.R.1 nor under Section 147 of the Motor Vehicles Act, 1988 (for short, ‘the M.V. Act’) as contemplates coverage to be unauthorized passenger in the goods vehicle.

¶385

32 -

¶386

NC: 2024:KHC-D:9116

¶387

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶388

Hence, there is clear violation of policy conditions and non-

¶389

coverage of unauthorized passenger in the goods vehicle. Furthermore, the driver of the tumtum Vehicle did not possessing valid and effective driving license to drove the tumtum Vehicle.

¶390

In order to establish the contention of learned counsel for the insurance companies, R.Ws.1 and 2 were examined and Exs.R1 to R4 were got marked.

¶391

From perusal of the oral and documentary evidence

¶392

on record, it establishes that on 01.06.2014 at about 07:45 p.m., the lorry bearing registered No.KA-29/A-5264 was parked in the left side of the road. At that time, the driver of tumtum vehicle, who was carrying the Sidramappa Hadapad and other claimants, drove the same in a rash and negligent manner and dashed to the lorry. Due to the said impact, these claimants and deceased Sidramappa Hadapad were sustained injuries.

¶393

From perusal of the FIR, complaint, spot sketch, spot mahazar and contents of charge sheet etc., reveals that the investigating officer has made the driver of lorry as well as tumtum vehicle as accused, as they contributed the accident.

¶394

From the contents of para 17 of the charge sheet, it

¶395

33 -

¶396

NC: 2024:KHC-D:9116

¶397

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶398

clearly establishes that the driver of the lorry parked the vehicle left side of the road and it can be seen from the spot sketch, lorry was parked without applying any signal. The claimants have produced Exs.P1 – FIR, P2 – complaint, P3 – charge sheet, P4 – spot panchnama, P5 – inquest panchanama, P6 – postmortem report and P7 – MVI Report, to state that the lorry was parked without any parking lights and without any signals on the road. Hence, it is just and necessary to analyze Section 122 of the M.V. Act.

¶399

Section 122 of the M.V. Act reads as under:

¶400

“No person in charge of a motor vehicle shall cause or allow the vehicle or any trailer to be abandoned or to remain at rest on any public place in such a position or in such a condition or in such circumstances as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.”

¶401

From careful reading of the above proposition of

¶402

law, it would make it clear that, no person in charge of a motor

¶403

vehicle shall abandoned or park the vehicle so as to cause or likely to cause danger, obstruction or undue inconvenience to other users of the public place or to the passengers.

¶404

34 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶405

In the case on hand, there is dispute as to parking

¶406

of the lorry on the road without indicator or parking lights. The accident was occurred at about 07:45 p.m. during night. It is not the case of the insurer of lorry that the lorry was parked in footpath abutting to the road, but there is no material to indicate that the lorry was parked on the footpath.

¶407

On the other hand, the materials produced by the claimants at Ex.P4 – spot panchanama would indicate that the lorry was parked on the road. Hence, learned counsel for the insurer of tumtum vehicle relied upon the judgment of coordinate Bench of this Court in M.F.A. No.2434/2014 dated 17.09.2019. The Hon'ble Apex Court in the case of Archit Saini and another vs. Oriental Insurance Company Limited and others² , has held that a driver of parked lorry alone is to be blamed for parking the said lorry without any indication or signal for other road users. Therefore, the vehicle is parked negligently on the National Highway, the person dashed against the said vehicle cannot be held liable for contributory negligence.

¶408

In this case, no contrary materials are placed

¶409

2 (2018) 3 SCC 365

¶410

35 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶411

before the Tribunal or before this Court by the insurer. The insurer has not examined either the driver or cleaner of the offending lorry. It shows that the driver of the lorry contributed the negligence. In M.F.A. No.2434/2014, the co-ordinate Bench of this Court considering the ratio laid down in the case of Archit Saini (supra) saddled 100% liability on the offending lorry which was parked on the road. Whereas, in the instant case, the Tribunal saddled the responsibility on the insurer of the lorry at 20%.

¶412

Admittedly, the claimants were passenger of tumtum vehicle has not produced driving license of driver of the said vehicle. Perusal of oral and documentary evidence on record, all the claimants and deceased Sidramappa Hadapad, were travelling as passenger. The seating capacity of said vehicle is 1+4. But more than five passengers were travelled. They are to be treated as unauthorized passenger. Therefore, the driver of the tumtum vehicle was negligently drove the same and therefore, 75% of negligence shall be saddled on the driver/owner of the tumtum vehicle and 25% of negligence saddled on driver of the lorry.

¶413

36 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶414

So far as violation of policy condition is concerned, insurer of tumtum vehicle submits that the Tribunal has erroneously fastened the liability on the insurer of the tumtum vehicle, having regard to the fact that the claimants and deceased Sidramappa Hadpad were travelling as unauthorized passengers, as on the date of the accident. Therefore, the Tribunal ought to have attributed negligence on the owners of the parked lorry and tumtum vehicle. It is not in dispute that as on the date of accident, the claimants and deceased Sidramappa Hadpad were returning to their village after attending their work and they were not gratuitous passengers. It shows that, the owner of the tumtum vehicle has violated policy condition.

¶415

In the case of Mukund Dewangan vs. Oriental Insurance Company Limited and others³ , the Hon’ble Apex

¶416

Court held that, the insurer is liable to pay compensation on account of negligence caused by the driver of the offending vehicle in view of pay and recovery principle as held by the Hon’ble Apex Court in the case of National Insurance

¶417

3 (2016) 4 SCC 298

¶418

37 - NC: 2024:KHC-D:9116

¶419

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶420

Company Limited vs. Swarn Singh and others⁴ and also in the case of Rani and others vs. National Insurance Company Limited and others⁵ .

¶421

In view of the ratio laid down in the aforesaid decisions and the facts and circumstances of the present cases, the insurer of tumtum vehicle to first pay compensation amount to the claimants with liberty to recover the same from the owner of the tumtum vehicle, particularly the liability saddled on it at 75%. Further, insurer of the lorry is liable to pay 25% of the compensation amount to the claimants.

¶422

After hearing the learned counsel for the parties and after perusal of the judgment and award of the Tribunal, I am of the view that the compensation awarded by the Tribunal is not just and reasonable, it is on the lower side and hence, it requires to be enhanced in M.V.C. No.127/2015 and so far as other cases are concerned, it is on higher side and hence, it requires to be reduced.

¶423

4 (2004) 3 SCC 297

¶424

5 (2018 8 SCC 492

¶425

38 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶426

In M.F.A. Nos.103913 and 103950 of 2018 (M.V.C.

¶427

No.127/2015), prior to the accident, deceased Siddaramappa Hadapad was aged about 48 years and he was hale and healthy and was working as labour in Baburao Minerals and was getting monthly income of Rs.10,000/-. Due to the accident, the claimants suffered mental agony and financial loss. In order to substantiate the income of the deceased Sidramappa Hadpad, no document has been placed by the claimants. The accident is of the year 2014 and the notional income would be assessed at Rs.7,500/-. The Tribunal without any basis and reasoning has held the income of the deceased at Rs.1,500/- per month, which is on the lower side, same is not proper. As per the principles of law laid down by the Hon’ble Apex Court in the case of National Insurance Company Limited vs. Pranay Sethi and others⁶ , 25% of the income is to be added towards future prospects. There are three dependants on the deceased. Therefore, 1/3^rd of earning would be deducted towards his personal and living expenses. The deceased was aged about 48 years at the time of accident. Therefore, the appropriate multiplier applicable as per judgment of the Hon’ble Supreme

¶428

6 (2017) 16 SCC 680

¶429

39 - NC: 2024:KHC-D:9116

¶430

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶431

Court in the case of Sarla Verma (SMT) and others vs. Delhi Transport Corporation and another⁷ is “13”. Therefore, the compensation under the head of loss of dependency alongwith future prospects in life is recalculated i.e., Rs.7,500/- is assessed as notional income, having regard to the chart prepared by the Karnataka State Legal Services Authority, in the absence of proof of income. Thus, the notional income of the deceased is taken at Rs.7,500/- per month instead of Rs.6,000/- per month, as taken by the Tribunal. Thus, loss of dependency worked out as follows:

¶432

(Rs.7,500/- + 25% - 1/3^rd X 12 X 13 = Rs.9,75,000/-)

¶433

Accordingly, a sum of Rs.9,75,000/- is awarded under the head loss of dependency .

¶434

The Tribunal has committed an error under the head loss of consortium, loss of love and affection. Therefore, as per the judgment of the Hon’ble Apex Court in the case of Magma and Pranay Sethi (supra) , three claimants are entitled to Rs.48,000/- each under the head loss of consortium

¶435

7 (2009) 6 SCC 121

¶436

40 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶437

with 20% escalation (10% once in three years). Accordingly, a

¶438

sum of Rs.1,44,000/- (Rs.48,000/- X 3) is awarded under the head loss of consortium , as against Rs.1,00,000/- awarded by the Tribunal. Further a compensation of Rs.18,000/- each is awarded under the head loss of love and affection and funeral expenses with 20% escalation. Therefore, a sum of Rs.36,000/- (Rs.18,000/- X 2) is awarded towards loss of estate and food and nourishment, transportation etc .

¶439

Thus, in all, the claimants in M.V.C. No.127/2015

¶440

are entitled for enhanced compensation as under:

¶441

Loss of dependency	Rs.9,75,000/-
Loss of consortium	Rs.1,44,000/-
Loss of estate	Rs.18,000/-
Food, nourishment, transportation etc.	Rs.18,000/-
Total	Rs.11,55,000/-
Less: compensation awarded by Tribunal	Rs.3,64,000/-
Enhanced compensation	Rs.7,91,000/-

¶442

In M.F.A. Nos.103914 and 103951 of 2018 (M.V.C. No.128/2015), the Tribunal awarded a sum of Rs.50,000/towards pain, shock and mental agony, considering the grievous injuries, fracture of proximity 2^nd and 3^rd and 5^th

¶443

41 -

¶444

NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶445

finger and no operation has been conducted in respect of injuries sustained by the claimant. The Tribunal without considering the injuries sustained by the claimant, awarded a sum of Rs.50,000/- which is not reasonable one. In fact, claimant sustained in all four grievous injuries and a simple injury. As per settled law, for one grievous injury, claimant is entitled for Rs.40,000/- and for additional fracture, he is entitled for Rs.10,000/- each and for simple injury Rs.5,000/-. In all claimant is entitled to a sum of Rs.75,000/- under the head pain and suffering . The Tribunal awarded a sum of Rs.1,50,000/- for the injuries sustained in the accident in the absence of disability certificate, viz., the global compensation, which is not permissible in the absence of any material particulars. Further, the claimant has not furnished any disability certificate and he has not examined any Doctor. The Tribunal awarded a sum of Rs.80,000/- towards medical expenses, in the absence of any medical bills. The Tribunal awarded a sum of Rs.20,000/- towards food, nourishment and attendant charges and conveyance etc., which is not reasonable one. Hence, an additional sum of Rs.10,000/- is awarded. Accordingly, a sum of Rs.30,000/- is awarded

¶446

42 -

¶447

NC: 2024:KHC-D:9116

¶448

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶449

towards food, nourishment and attendant charges and conveyance etc . The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities . The Tribunal has not awarded any compensation under the head loss of income during laid up period. Hence, a sum of Rs.22,500/- is awarded towards loss of income during laid

¶450

up period , considering the income of the claimant at Rs.7,500/- X 3. Accordingly, the claimant is entitled for the compensation as under:

¶451

Pain and sufferings	Rs.75,000/-
food, nourishment and attendant charges and conveyance etc.	Rs.30,000/-
Loss of amenities	Rs.30,000/-
Loss of income during laid up period (Rs.7,500/- X 3)	Rs.22,500/-
Total	Rs.1,57,500/-

¶452

In M.F.A. Nos.103915 and 103951 of 2018 (M.V.C. No.129/2015), the Tribunal considering the two fractures awarded a sum of Rs.50,000/- under the head pain, shock and mental agony which is not reasonable one. In fact, the claimant sustained three fractures and has undergone operation and he

¶453

43 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶454

was admitted as an in-patient in the hospital for nine days.

¶455

Hence, a sum of Rs.60,000/- is awarded towards pain and sufferings . The Tribunal awarded a sum of Rs.1,50,000/- for the injuries sustained in the accident in the absence of disability certificate, viz., the global compensation, which is not permissible in the absence of any material particulars. Further, the claimant has not furnished any disability certificate and he has not examined any Doctor. Further, the Tribunal awarded a sum of Rs.80,000/- towards medical expenses, in the absence of any medical bills. The Tribunal awarded a sum of Rs.20,000/- towards food, nourishment and attendant charges and conveyance etc., which is not reasonable one. Hence, an additional sum of Rs.10,000/- is awarded. Accordingly, a sum of Rs.30,000/- is awarded towards food, nourishment and

¶456

attendant charges and conveyance etc . The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards

¶457

loss of amenities . The Tribunal has not awarded any compensation under the head loss of income during laid up period. Hence, a sum of Rs.22,500/- is awarded towards loss of income during laid up period , considering the income of

¶458

44 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶459

the claimant at Rs.7,500/- X 3. Accordingly, claimant is entitled

¶460

for compensation as under:

¶461

Pain and sufferings	Rs.60,000/-
food, nourishment and attendant charges and conveyance etc.	Rs.30,000/-
Loss of amenities	Rs.30,000/-
Loss of income during laid up period (Rs.7,500/- X 3)	Rs.22,500/-
Total	Rs.1,42,500/-

¶462

In M.F.A. Nos.103916 and 103653 of 2018 (M.V.C. No.130/2015), the Tribunal awarded a sum of Rs.50,000/- towards pain, shock and mental agony considering two grievous injuries sustained by the claimant which is reasonable one. The Tribunal awarded a sum of Rs.1,50,000/- for the injuries sustained in the accident in the absence of disability certificate, the global compensation, which is not permissible in the absence of any material particulars. Further, the claimant has not furnished any disability certificate and he has not examined any Doctor. The Tribunal awarded a sum of Rs.80,000/- towards medical expenses, in the absence of any medical bills. The Tribunal awarded a sum of Rs.20,000/towards food, nourishment and attendant charges and

¶463

45 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶464

conveyance etc., which is not reasonable one. Hence, an additional sum of Rs.10,000/- is awarded. Accordingly, a sum of Rs.30,000/- is awarded towards food, nourishment and attendant charges and conveyance etc . The Tribunal has

¶465

not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards

¶466

loss of amenities . The Tribunal has not awarded any compensation under the head loss of income during laid up period. Hence, a sum of Rs.22,500/- is awarded towards loss

¶467

of income during laid up period , considering the income of the claimant at Rs.7,500/- X 3. Accordingly, the claimant is entitled for the compensation as under:

¶468

Pain and sufferings	Rs.50,000/-
food, nourishment and attendant charges and conveyance etc.	Rs.30,000/-
Loss of amenities	Rs.30,000/-
Loss of income during laid up period (Rs.7,500/- X 3)	Rs.22,500/-
Total	Rs.1,32,500/-

¶469

In M.F.A. Nos.103917 and 103954 of 2018 (M.V.C.

¶470

No.131/2015), the Tribunal awarded a sum of Rs.45,000/towards pain, shock and mental agony. From the perusal of the

¶471

46 -

¶472

NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶473

Ex.P14 wound certificate, the claimant sustained a fracture and simple injury. Hence, the compensation awarded under this head is on higher side. Accordingly, he is entitled to a sum of Rs.40,000/- towards a grievous injury and Rs.5,000/- towards simple injury. In all, he is entitled to a sum of Rs.45,000/- towards pain and sufferings . The Tribunal awarded a sum of Rs.1,50,000/- for the injuries sustained in the accident in the absence of disability certificate, the global compensation, which is not permissible in the absence of any material particulars. Further, the claimant has not furnished any disability certificate and he has not examined any Doctor. Further, the Tribunal awarded a sum of Rs.80,000/- towards medical expenses, in the absence of any medical bills. The Tribunal awarded a sum of Rs.20,000/- towards food, nourishment and attendant charges and conveyance etc., which is not reasonable one. Hence, an additional sum of Rs.10,000/is awarded. Accordingly, a sum of Rs.30,000/- is awarded towards food, nourishment and attendant charges and conveyance etc . The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum of Rs.30,000/- is awarded towards loss of amenities . The Tribunal has not

¶474

47 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶475

awarded any compensation under the head loss of income during laid up period. Hence, a sum of Rs.22,500/- is awarded towards loss of income during laid up period , considering the income of the claimant at Rs.7,500/- X 3. Accordingly, the claimant is entitled for the compensation as under:

¶476

Pain and sufferings	Rs.45,000/-
food, nourishment and attendant charges and conveyance etc.	Rs.30,000/-
Loss of amenities	Rs.30,000/-
Loss of income during laid up period (Rs.7,500/- X 3)	Rs.22,500/-
Total	Rs.1,27,500/-

¶477

In M.F.A. Nos.103918 and 103955 of 2018 (M.V.C.

¶478

No.132/2015), the Tribunal has globally awarded a sum of Rs.1,00,000/- to the claimant which is on higher side and exorbitant. From perusal of the wound certificate Ex.P16, the claimant has sustained a simple injury and considering the nature of injury, a sum of Rs.25,000/- towards pain and suffering which is just and proper. Accordingly, the claimant in all, is entitled to a sum of Rs.25,000/- as global compensation.

¶479

48 - NC: 2024:KHC-D:9116

¶480

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶481

Whereas, the Tribunal has globally awarded a sum

¶482

of Rs.1,00,000/- to the claimants in M.F.A. Nos.103919 and 103956 of 2018 (M.V.C. No.133/2015) and also Rs.1,00,000/to the claimants in M.F.A. Nos.103920 and 103957 of 2018 (M.V.C. No.134/2015) in the absence of any material records or disability certificates, which are on higher side and exorbitant. However, if a sum of Rs.25,000/- is awarded, the same would just and reasonable. Accordingly, the claimants in all, are entitled to a global sum of Rs.25,000/- in both the cases i.e., M.V.C. Nos.133/2015 and 134/2015 instead of Rs.1,00,000/-.

¶483

In M.F.A. Nos.103921 and 103958 of 2018 (M.V.C. No.135/2015), the Tribunal awarded a sum of Rs.20,000/towards pain, shock and mental agony. As per Ex.P19, the claimant sustained two simple injuries and admitted in the hospital on 01.06.2014 and was discharged on 04.06.2014. Considering the nature of injuries sustained by the claimant, if globally a sum of Rs.75,000/- is awarded, it would be just and reasonable. Accordingly, the claimant is entitled to a sum of Rs.75,000/- globally.

¶484

49 - NC: 2024:KHC-D:9116

¶485

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶486

In M.F.A. Nos.103922 and 103959 of 2018 (M.V.C.

¶487

No.136/2015), the Tribunal awarded a sum of Rs.20,000/towards pain, shock and mental agony. From the perusal of the material records, if a sum of 30,000/- is awarded, it would be just and reasonable. Accordingly, a sum of Rs.30,000/- is awarded under the head pain and sufferings . Further, the Tribunal awarded a sum of Rs.80,000/- towards injuries sustained in the accident in the absence of disability certificate, as global compensation, which is not permissible in the absence of any material particulars. Further, the claimant has not furnished any disability certificate and he has not examined any Doctor. The Tribunal has awarded a sum of Rs.20,000/towards medical expenses and that is also not permissible in the absence of any medical bills. Further, the Tribunal has awarded a sum of Rs.10,000/- towards food, nourishment and attendant charges and conveyance etc., which is not reasonable one. Hence, an additional sum of Rs.10,000/- is awarded. Accordingly, a sum of Rs.20,000/- is awarded towards food, nourishment and attendant charges and

¶488

conveyance etc . The Tribunal has not awarded any compensation under the head loss of amenities. Hence, a sum

¶489

50 -

¶490

NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶491

of Rs.30,000/- is awarded towards loss of amenities .

¶492

Accordingly, the claimant is entitled for the compensation as under:

¶493

Pain and sufferings	Rs.30,000/-
food, nourishment and attendant charges and conveyance etc.	Rs.20,000/-
Loss of amenities	Rs.30,000/-
Total	Rs.80,000/-

¶494

Accordingly, I pass the following:

¶495

ORDER

¶496

(i) Appeals are partly allowed.

¶497

(ii) The common judgment and award dated 11.07.2018 passed by the Member M.A.C.T. No.III, Bagalakote in M.V.C. Nos.127/2015 to 136/2015 is modified to the extent stated above.

¶498

(iii) The claimants in M.F.A. Nos.103913 and 103950 of 2018 (M.V.C. No.127/2015) are entitled to an enhanced compensation of Rs.7,91,000/-.

¶499

(iv) The claimant in M.F.A. Nos.103914 and 103951 of 2018 (M.V.C. No.128/2015) is entitled to a sum of Rs.1,57,500/- as against Rs.3,00,000/-.

¶500

51 - NC: 2024:KHC-D:9116

¶501

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶502

(v) The claimant in M.F.A. Nos.103915 and 103951 of 2018 (M.V.C. No.129/2015) is entitled to a sum of Rs.1,42,500/- as against Rs.3,00,000/-.

¶503

(vi) The claimant in M.F.A. Nos.103916 and 103953 of 2018 (M.V.C. No.130/2015) is entitled to a sum of Rs.1,32,500/- as against Rs.3,00,000/-.

¶504

(vii) The claimant in M.F.A. Nos.103917 and 103954 of 2018 (M.V.C. No.131/2015) is entitled to a sum of Rs.1,27,500/- as against Rs.3,00,000/-.

¶505

(viii) The claimant in M.F.A. Nos.103918 and 103955 of 2018 (M.V.C. No.132/2015) is entitled to a sum of Rs.25,000/- as against Rs.1,00,000/-.

¶506

(ix) The claimant in M.F.A. Nos.103919 and 103956 of 2018 (M.V.C. No.133/2015) is entitled to a sum of Rs.25,000/- as against Rs.1,00,000/-.

¶507

(x) The claimant in M.F.A. Nos.103920 and 103957 of 2018 (M.V.C. No.134/2015) is entitled to a sum of Rs.25,000/- as against Rs.1,00,000/-.

¶508

(xi) The claimant in M.F.A. Nos.103921 and 103958 of 2018 (M.V.C. No.135/2015) is entitled to a sum of Rs.75,000/- as against Rs.1,50,000/-.

¶509

52 - NC: 2024:KHC-D:9116

¶510

MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶511

(xii) The claimant in M.F.A. Nos.103922 and 103959 of 2018 (M.V.C. No.136/2015) is entitled to a sum of Rs.80,000/- as against Rs.1,60,000/-.

¶512

(xiii) Shriram General Insurance Company Limited and United India Insurance Company Limited are directed to pay the compensation at the ratio of 25 : 75 of the total compensation alongwith interest at the rate of 6% per annum from the date of petition till realization to the claimants.

¶513

(xiv) The Insurance Companies are directed to deposit the compensation amount within a period of four weeks from the date of receipt of copy of this judgment.

¶514

(xv) The United India Insurance Company to first pay compensation to the claimants and to recover from the owner of the tumtum vehicle under the principle pay and recovery.

¶515

(xvi) The order of apportionment and deposit, shall be made as per the order of the Tribunal.

¶516

(xvii) The amount in deposit by the Insurance Companies before this Court, if any, be transmitted to the Tribunal within a period of three weeks from today.

¶517

53 - NC: 2024:KHC-D:9116 MFA No.103913 of 2018 C/W MFA Nos.103914, 103915, 103916, 103917, 103918, 103919, 103920, 103921, 103922, 103950, 103951, 103952, 103953, 103954, 103955, 103956, 103957, 103958 of 2018 & MFA No.103959 of 2018

¶518

(xviii) Draw the modified award accordingly.

¶519

(xix) Registry is directed to transmit a copy of this judgment to the concerned Court forthwith.

¶520

(xx) No order as to costs.

¶521

Sd/JUDGE

¶522

AC/RSH/ct-an List No.: 1 Sl No.: 70

The General Manager, v. Smt. Irawwa W/O Sidramappa Hadapad

Case brief

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The General Manager, v. Smt. Irawwa W/O Sidramappa Hadapad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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