Harif @ Md.Hariff S/O. Haroon Basheer Vs Praveen Kumar G S/O. Sattanna

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100113 OF 2018 (MV-)

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C/W

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MOHANKUMAR B SHELAR

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Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 15:46:28 +0530

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MISCELLANEOUS FIRST APPEAL NO. 101224 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101225 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101534 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101600 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102650 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102651 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102652 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102653 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102654 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102655 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102656 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102657 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 103472 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 100109 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100110 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100111 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100112 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100113 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100114 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100115 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100116 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100117 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100118 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100392 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 101337 OF 2017

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IN MFA NO.100113 OF 2018 BETWEEN:

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HARIF @ MD. HARIFF S/O. HAROON BASHEER @ HAROON RASHEED, AGE: 32 YEARS, OCC: DRIVER, R/O. HOUSE NO.7, W.NO.25, DEVI NAGAR, NEAR KARKHANNA MASZID, BALLARI-583101.

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…APPELLANT

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(BY SRI. B.S. SANGATI, ADV)

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2 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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AND:

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PRAVEEN KUMAR G S/O. SATTANNA AGE: 27 YEARS, OCC: DRIVER OF THE TATA SUPER ACE BEARING REG.NO.KA-34/A-9389, R/O. D.NO.169/C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI-583101. NOW R/O. NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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SMT. RATHNAMMA W/O. C RAMACHANDRA AGE:37 YEARS, OCC:OWNER OF THE TATA SUPER ACE BEARING REG.NO KA-34/A-9389, R/O. MANDALBATTI, NAGANARAYANAPPA NAGAR, ANDRAL, BALLARI-583101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI-400038, TAMIL NADU STATE.

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RAMESH KUMAR S/O LAKSHMANA AGE: 39 YEARS, OCC: OWNER OF MAXICAB FORCE, TOOFAN (CRUISER) BEARING REG. NO. KA-34/A-1222, R/O. HOUSE NO.216/E, MANNUR SUGAR VILLAGE, SIRUGUPPA TALUK, DIST. BALLARI-583101.

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M/S. CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD., BY ITS MANAGER, BALLARI-583101

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…RESPONDENTS

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(BY SRI. S.S.JOSHI, ADV FOR R3; SRI. R.R.MANE, ADV FOR R5; NOTICE TO R1 IS DISPENSED WITH; NOTICE TO R2 & R4 ARE SERVED)

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THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.12.2016 PASSED IN MVC NO.1325/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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IN MFA NO.101224 OF 2016 BETWEEN:

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CHOLAMANDALAM MS GENERAL INSURANCE CO.LTD. BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI, HERE IN REPRESENTED BY CHOLOMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-06) "GOLDEN HEIGHTS" COMPLEX, 59^TH “C” CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010, REP BY AUTHORISED SIGNATORY.

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…APPELLANT

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(BY SRI. R.R. MANE, ADV)

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AND:

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SMT. PARVATHAMMA W/O LATE KASHINATH AGE: 56 YEARS, OCC: HOUSE WIFE-CUM-TAILOR, R/O: MEENAHALLI VILLAGE, TQ. RAYADURGA, ANANTHAPUR DIST. A.P.

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G. PRAVEEN KUMAR S/O SATTENNA AGE: 26 YEARS, OCC: DRIVER OF TATA ACE BEARING NO.KA-34/A-9389, R/O: D.NO.169C, W.NO.19, MAIN ROAD, DURGAMMA TEMPLE, BALLARI.

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SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: MAJOR, OCC: OWNER OF TATA ACE BEARING NO.KA-34/A-9389, R/O: NARAYANAPPA BHATTI, ANDRALA MUNDRIGI, TQ: & DIST: BALLARI.

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THE MANAGER ROYAL SUNDARAM ALLAINCE INSURANCE CO. LTD., SUNDARAM TOWERS , 45 & 46, WHITES ROAD, CHENNAI.

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MOHAMMED ARIF S/O HAROON RASHID AGE: 29 YEARS, OCC: DRIVER OF THE MAXI CAB, BEARING NO.KA-34/A-1222, R/O: D.NO.128B, W.NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI.

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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RAMESH KUMAR S/O LAKSHMANA AGE: 43 YEARS, OCC: OWNER OF THE MAXI CAB, BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT.

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…RESPONDENTS

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(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1; SRI. M. AMAREGOUDA, ADV FOR R3; SRI. S.S. JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6 NOTICE TO R2 & R5 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC.NO.1068/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.2,70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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IN MFA NO.101225 OF 2016

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BETWEEN:

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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI, HERE IN REP BY CHOLOMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-06), “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010, REP BY AUTHORISED SIGNATORY.

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…APPELLANT

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(BY SRI. R.R. MANE, ADV)

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AND:

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SMT. PARVATHAMMA W/O LATE KASHINATH AGE: 56 YEARS, OCC: HOUSE WIFE-CUM TAILOR, R/O: MEENAHALLI VILLAGE, RAYADURGA TALUK, ANANTHAPUR DIST. A.P.

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G. PRAVEEN KUMAR S/O SATTENNA AGE: 26 YEARS, OCC: DRIVER OF TATA ACE BEARING NO.KA-34/A-9389, R/O: D.NO.169C, W.NO.19, MAIN ROAD,

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5 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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DURGAMMA TEMPLE, BALLARI.

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SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: MAJOR, OCC: OWNER OF TATA ACE BEARING NO.KA-34/A-9389, R/O: NARAYANAPPA BHATTI, ANDRALA MUNDRIGI, TQ: & DIST: BALLARI.

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THE MANAGER ROYAL SUNDARAM ALLAINCE INSURANCE CO. LTD., SUNDARAM TOWERS, 45 & 46, WHITES ROAD, CHENNAI.

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MOHAMMED ARIF S/O HAROON RASHID AGE: 29 YEARS, OCC: DRIVER OF THE MAXI CAB, BEARING NO.KA-34/A-1222, R/O: D.NO.128B, W.NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI.

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RAMESH KUMAR S/O LAKSHMANA AGE: 43 YEARS, OCC: OWNER OF THE MAXI CAB, BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT.

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…RESPONDENTS

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(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1; SRI. M. AMAREGOUDA, ADV FOR R3; SRI. S.S. JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6 NOTICE TO R2 & R5 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC.NO.1069/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.2,10,240/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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IN MFA NO. 101534 OF 2016 BETWEEN:

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SMT. PARVATHAMMA W/O. LATE KASHINATH, AGE: 56 YEARS, OCC: HOUSE WIFE CUM TAILOR,

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6 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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R/O. MEENAHALLI VILLAGE, TQ: RAYADURGA, DIST: ANANTHAPUR.

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…APPELLANT

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(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV)

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AND:

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SRI. G. PRAVEEN KUMAR S/O SATTENNA, AGE: 26 YEARS, DRIVER OF TATA ACE KA-34/A-9389, R/O: D.NO.169C, W.NO.19, MAIN ROAD, RURGAMMA TEMPLE, BALLARI.

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SMT. C. RATHNAMMA, W/O C. RAMACHANDRA, AGE: MAJOR, OWNER OF TATA ACE KA-34/A-9389, R/O: NARAYANAPPA BHATTI ANDRALA MUNDRIGI, TQ. DIST: BALLARI.

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THE MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS, 45 AND 46, WHITES ROAD, CHENNAI.

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SRI. MOHAMMED ARIF S/O HAROON RASHID, AGE: 29 YEARS, DRIVER OF THE MAXI CAB KA-34/A-1222, R/O: D.NO.128B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI.

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SRI. RAMESH KUMAR S/O LAKSHMANA, AGE: 43 YEARS, OWNER OF THE MAXI CAB KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI.

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THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI.

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…RESPONDENTS

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(BY SRI. S.S JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6; NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC. NO.1068/2013 ON THE FILE OF THE MACT-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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IN MFA NO.101600 OF 2016

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BETWEEN:

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SMT. PARVATHAMMA W/O LATE KASHINATH, AGE:56 YEARS, OCC:HOUSE WIFE CUM TAILOR, R/O: MEENAHALLI VILLAGE, TQ: RAYADURGA, DIST: ANANTHAPUR.

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…APPELLANT

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(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV)

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AND:

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SRI. G. PRAVEEN KUMAR S/O SATTENNA, AGE:26 YEARS, DRIVER OF TATA ACE KA-34/A-9389, R/O: D.NO. 169C, W.NO. 19, MAIN ROAD DURGAMMA TEMPLE, BALLARI.

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SMT. C. RATHNAMMA W/O C RAMACHANDRA, AGE:MAJOR, OWNER OF TATA ACE KA-34/A-9389, R/O: NARAYANAPPA BHATTI ANDRALA MUNDRIGI, TQ: DIST: BALLARI.

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THE MANAGER, ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., SUNDARAM TOWERS, 45 & 46, WHITES ROAD, CHENNAI.

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SRI. MOHAMMED ARIF S/O HAROON RASHID, AGE:29 YEARS, DRIVER OF THE MAXI CAB KA-34/A-1222, R/O: D.NO.128B, WARD NO. 33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI.

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SRI. RAMESH KUMAR S/O LAKSHMANA, AGE:43 YEARS, OWNER OF THE MAXI CAB KA-34/A-1222, R/O: H.NO. 216E, MANNUR SUGUR VILLAGE, TQ: SIRUGUPPA, DIST: BALLARI.

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8 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI.

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…RESPONDENTS

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(BY SRI. S.S JOSHI, ADV FOR R3; SRI. R.R. MANE, ADV FOR R6; NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

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THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.01.2016 PASSED IN MVC NO.1069/2013 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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IN MFA NO. 102650 OF 2016

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BETWEEN:

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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR NO.234, NSC BOSE ROAD, CHENNAI HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560 010 REP BY ITS AUTHORISED SIGNATORY

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…APPELLANT

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(BY SRI. R.R. MANE, ADV)

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AND:

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Y. CHANNAPPA S/O LATE Y. NANJAPPA, AGE: 46 YEARS, OCC. CAR DRIVER

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Y. SAGAR S/O LATE Y. NANJAPPA AGE: 25 YEARS, OCC. B.E. STUDENT

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Y. DEEPA D/O LATE Y. NANJAPPA AGE: 23 YEARS, OCC. B.E. STUDENT

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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ALL ARE R/O. DO.NO.47, WARD NO.20 RENUKACHARYA NAGAR, 1^ST CROSS BEHIND BASAVESWARA NAGAR, BALLARI-583101.

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PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC. DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O D.NO.169C, WARD NO.18, MAIN ROAD DURGAMMA TEMPLE, BALLARI NOW R/O NEAR MAHAVEER RICE MILL BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC. OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: MANDALBATTI, NAGARAYANAPPA NAGAR ANDRAL, MUNDRIGI, BALLARI-583101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER D.B. PLAZA, 3^RD FLOOR, 47 WHITES ROAD CHENNAI, TAMIL NADU STATE-600014.

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MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC. DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O D.NO.128-B WARD NO.33, NEAR KARAM MASJID DEVI NAGAR, BALLARI-583101.

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RAMESH KUMAR S/O LAKSHMANA AGE:42 YEARS, OCC.OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O H.NO.216E, MANNUR SUGUR VILLAGE TQ. SIRUGUPPA, DIST. BALLARI-583101.

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…RESPONDENTS (BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1 TO R3; SRI. S.S.JOSHI, ADV FOR R6; SRI. B.C.JNANAYYASWAMI, ADV FOR R8; NOTICE TO R4 & R7 ARE DISPENSED WITH, NOTICE TO R5 IS SERVED)

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THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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NO.526/2014 ON THE FILE OF THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.7,20,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.

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THIS APPEAL, COMING ON FOR FINAL HEARING,

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IN MFA NO. 102651 OF 2016 BETWEEN:

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CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR NO.234, NSC BOSE ROAD, CHENNAI, HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH “M” BLOCK, BENGALURU-560010 REPRESENTED BY ITS AUTHORISED SIGNATORY

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…APPELLANT

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(BY SRI. R.R. MANE, ADV)

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AND:

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K.M. NATARAJ S/O K.M. MARISWAMY AGE: 33 YEARS, OCC. PESTICIDES BUSINESS R/O DO.NO.46, WARD NO.20 RENUKACHARYA NAGAR, 1^ST CROSS BEHIND BASAVESWARA NAGAR, BALLARI-583101.

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PRAVEEN KUMAR G S/O SATTANNA AGE: 26 YEARS, OCC.DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O. D.NO.169 C, WARD NO.18 MAIN ROAD, DURGAMMA TEMPLE, BALLARI NOW R/O. ENAR MAHAVEER RICE MILL BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC. OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O. MANDALBATTI, NAGARAYANAPPA NAGAR ANDRAL, MUNDRIGI, BALLARI-583101.

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M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, D.B. PLAZA, 3^RD FLOOR, 47 WHITES ROAD CHENNAI, TAMIL NADU STATE-600 014.

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR

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MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC. DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222 R/O. D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

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RAMESH KUMAR S/O LAKSHMANA AGE:42 YEARS, OCC.OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222 R/O. H.NO.216E, MANNUR SUGUR VILLAGE TQ. SIRUGUPPA, DIST. BALLARI -583101.

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…RESPONDENTS

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(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

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THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.527/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.5,12,185/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

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THIS APPEAL, COMING ON FOR ADMISSION,

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IN MFA NO. 102652 OF 2016 BETWEEN:

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CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6), “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010, R/BY ITS AUTHORISED SIGNATORY

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…APPELLANT (BY SRI. R.R. MANE, ADV)

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NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

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AND:

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MANDAGANI SURESH S/O BASAPPA AGE: 36 YEARS, OCC: INTERNAL AUDITOR, R/O: D.NO.46, WARD NO.20 RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

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PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶155

SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI, BALLARI-583101.

¶156

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE, 600 014.

¶157

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶158

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SHIRUGUPPA, DIST. BALLARI-583101.

¶159

…RESPONDENTS

¶160

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

¶161

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶162

13 -

¶163

HC-KAR

¶164

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.528/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.7,58,810/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

¶165

THIS APPEAL, COMING ON FOR ADMISSION,

¶166

IN MFA NO. 102653 OF 2016 BETWEEN:

¶167

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6), “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY

¶168

…APPELLANT

¶169

(BY SRI. R.R. MANE, ADV)

¶170

AND:

¶171

M. PARVATHAMMA W/O LATE MALLAPPA AGE: 66 YEARS, OCC: HOUSEWIFE, R/O: H.NO.1255, 6^TH WARD, NEAR BANASHANKARI TOWN, KOTTUR TOWN, KUDLIGI TALUK, BALLARI DISTRICT, NOW R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR. BALLARI-583101.

¶172

PRAVEEN KUMAR G S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶173

SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR,

¶174

14 -

¶175

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶176

HC-KAR

¶177

ANDRAL, MUNDRIGI BALLARI-583101.

¶178

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE- 600 014.

¶179

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶180

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SHIRUGUPPA, DIST. BALLARI-583101.

¶181

…RESPONDENTS

¶182

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

¶183

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.529/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.5,25,935/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

¶184

THIS APPEAL, COMING ON FOR ADMISSION,

¶185

IN MFA NO. 102654 OF 2016 BETWEEN:

¶186

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX,

¶187

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶188

15 -

¶189

HC-KAR

¶190

59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY

¶191

…APPELLANT

¶192

(BY SRI. R.R. MANE, ADV)

¶193

AND:

¶194

Y. CHANNAPPA S/O LATE Y. NANJAPPA AGE: 46 YEARS, OCC: CAR DRIVER, R/O: D.NO. 46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

¶195

PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶196

SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI BALLARI-583101.

¶197

M/S ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE 600 014.

¶198

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶199

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE,

¶200

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶201

16 -

¶202

HC-KAR

¶203

TQ. SIRUGUPPA, DIST. BALLARI-583101.

¶204

…RESPONDENTS

¶205

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. G.N. RAICHUR, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

¶206

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.04.2016 PASSED IN MVC NO.530/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIM TRIBUNAL-II, BALLARI, AWARDING COMPENSATION OF Rs.4,96,265/- ALONG WITH INTEREST RATE THE 6% P.A. FROM THE DATE OF PETITON TILL THE DATE OF REALISATION.

¶207

THIS APPEAL, COMING ON FOR ADMISSION,

¶208

IN MFA NO. 102655 OF 2016 BETWEEN:

¶209

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX, 59^TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY

¶210

…APPELLANT

¶211

(BY SRI. R.R. MANE, ADV)

¶212

AND:

¶213

M. KAMALAMMA W/O LATE M CHINNAPPA AGE: 61 YEARS, OCC: HOUSE WIFE, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI -583101.

¶214

PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI,

¶215

17 -

¶216

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶217

HC-KAR

¶218

NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶219

SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI BALLARI-583101

¶220

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600 014.

¶221

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶222

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583101.

¶223

…RESPONDENTS

¶224

(BY SRIYUTHS. Y. LAKSHMIKANTH REDDY, ADV FOR R1, S.S.JOSHI, ADV FOR R4, B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

¶225

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.531/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.4,89,690/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

¶226

THIS APPEAL, COMING ON FOR ADMISSION,

¶227

IN MFA NO. 102656 OF 2016

¶228

BETWEEN:

¶229

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI

¶230

18 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶231

HC-KAR

¶232

HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6), ”GOLDEN HEIGHTS” COMPLEX, 59^TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4^TH M BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY

¶233

…APPELLANT

¶234

(BY SRI. R.R. MANE, ADV)

¶235

AND:

¶236

Y. NAGARAJU S/O NANJAPPA AGE: 48 YEARS, OCC: TEA SELLER, R/O: D.NO.47, WARD NO.20 RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI.

¶237

PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389 R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

¶238

SMT. C RATHNAMMA W/O C. RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI BALLARI.

¶239

M/S ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600 014.

¶240

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR BALLARI.

¶241

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE

¶242

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶243

19 -

¶244

HC-KAR

¶245

MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI.

¶246

…RESPONDENTS

¶247

(BY SRI. Y. LAKSHMIKANTH REDDY, ADV FOR R1, SRI. S.S.JOSHI, ADV FOR R4, SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2, R3 & R5 ARE DISPENSED WITH)

¶248

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.532/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

¶249

THIS APPEAL, COMING ON FOR ADMISSION,

¶250

IN MFA NO. 102657 OF 2016 BETWEEN:

¶251

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX, 59^TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4^TH M BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY

¶252

…APPELLANT

¶253

(BY SRI. R.R. MANE, ADV)

¶254

AND:

¶255

SAVITHRI W/O SURESH D/O LATE M CHINNAPPA AGE: 35 YEARS, OCC: RUNNING BEAUTY PARLOUR, R/O: D.NO.47, WARD NO.20 RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI.

¶256

PRAVEEN KUMAR G. S/O SATTANNA AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389

¶257

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶258

20 -

¶259

HC-KAR

¶260

R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

¶261

SMT. C RATHNAMMA W/O C RAMACHANDRA AGE: 42 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI BALLARI.

¶262

M/S ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600 014.

¶263

MOHAMMED ARIF S/O ARUN RASHEED AGE: 30 YEARS, OCC: DRIVER OF THE MAXI CAB FORCE TOOFAN BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR BALLARI.

¶264

RAMESH KUMAR S/O LAKSHMANA AGE: 42 YEARS, OCC: OWNER OF THE MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI.

¶265

…RESPONDENTS

¶266

(BY SRI. Y. LAKSHMIKANTH REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

¶267

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.533/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.1,50,080/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

¶268

THIS APPEAL, COMING ON FOR ADMISSION,

¶269

21 -

¶270

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶271

HC-KAR

¶272

IN MFA NO. 100109 OF 2017 BETWEEN:

¶273

K.M. NATARAJ S/O K.M. MARISWAMY, AGED 32 YEARS, OCC: PESTICIDES BUSINESS, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101

¶274

…APPELLANT

¶275

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶276

AND:

¶277

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶278

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶279

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶280

MOHAMMED ARIF, S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG. NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶281

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶282

22 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶283

HC-KAR

¶284

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶285

…RESPONDENTS

¶286

(BY SRI. S.S. JOSHI, ADV FOR R3, AND SRI. R.R.MANE, ADV FOR R6 AND NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

¶287

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.527/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶288

THIS APPEAL, COMING ON FOR ADMISSION,

¶289

IN MFA NO. 100110 OF 2017 BETWEEN:

¶290

MANDAGANI S/O BASAPPA, AGED 35 YEARS, OCC: INTERNAL AUDITOR, R/O: D.NO.46, WARD NO.20, RENUKACHARAYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

¶291

…APPELLANT

¶292

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶293

AND:

¶294

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶295

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶296

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR,

¶297

23 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶298

HC-KAR

¶299

47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶300

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶301

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI-583101.

¶302

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶303

…RESPONDENTS

¶304

(BY SRI. M.Y. KALAGI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶305

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.528/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶306

THIS APPEAL, COMING ON FOR ORDERS,

¶307

IN MFA NO. 100111 OF 2017 BETWEEN:

¶308

M. PARVATHAMMA W/O LATE MALLAPPA, AGED 66 YEARS, OCC: HOUSEWIFE, R/O: HOUSE NO.1255, 6^TH WARD, NEAR BANASHANKARI TOWN, KOTTUR TOWN, TQ. KUDLIGI, DIST. BALLARI, NOW R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

¶309

…APPELLANT

¶310

24 -

¶311

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶312

HC-KAR

¶313

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶314

AND:

¶315

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583110.

¶316

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶317

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶318

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶319

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583110.

¶320

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶321

…RESPONDENTS

¶322

(BY SRI. S.S. JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶323

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶324

25 -

¶325

HC-KAR

¶326

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.529/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶327

THIS APPEAL, COMING ON FOR ADMISSION,

¶328

IN MFA NO. 100112 OF 2017 BETWEEN:

¶329

Y. CHANNAPPA S/O LATE Y. NANJAPPA, AGED 46 YEARS, OCC: CAR DRIVER, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101

¶330

…APPELLANT

¶331

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶332

AND:

¶333

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶334

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶335

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶336

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶337

26 -

¶338

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶339

HC-KAR

¶340

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI -583110.

¶341

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶342

…RESPONDENTS

¶343

(BY SRI. S.S. JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶344

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.530/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶345

THIS APPEAL, COMING ON FOR ADMISSION,

¶346

IN MFA NO. 100113 OF 2017 BETWEEN:

¶347

SMT. M KAMALAMMA W/O LATE M. CHINNAPPA, AGED 60 YEARS, OCC: HOUSEWIFE, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101

¶348

…APPELLANT

¶349

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶350

AND:

¶351

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶352

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER

¶353

27 -

¶354

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶355

HC-KAR

¶356

ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶357

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶358

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583110.

¶359

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶360

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶361

…RESPONDENTS (BY SRI. S.S. JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶362

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.531/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶363

THIS APPEAL, COMING ON FOR ADMISSION,

¶364

IN MFA NO. 100114 OF 2017 BETWEEN:

¶365

Y. NAGARAJU S/O NANJAPPA, AGED 47 YEARS, OCC: TEA SELLER R/O: D.NO.47, WARD NO.20,

¶366

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶367

28 -

¶368

RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101

¶369

…APPELLANT

¶370

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶371

AND:

¶372

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶373

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶374

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶375

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶376

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶377

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND LOOR, NO.234, NSC BOSE ROAD, CHENNAI.-600015

¶378

…RESPONDENTS

¶379

(BY SRI. S.S.JOSHI, ADV FOR R3 AND

¶380

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶381

29 -

¶382

SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶383

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.532/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶384

THIS APPEAL, COMING ON FOR ORDERS,

¶385

IN MFA NO. 100115 OF 2017 BETWEEN:

¶386

SMT. SAVITHRI W/O SURESH D/O LATE M. CHINNAPPA, AGED 34 YEARS, OCC: RUNNING BEAUTY PARLOR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

¶387

…APPELLANT

¶388

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶389

AND:

¶390

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶391

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶392

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶393

30 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶394

HC-KAR

¶395

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶396

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶397

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015

¶398

…RESPONDENTS

¶399

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶400

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.533/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶401

THIS APPEAL, COMING ON FOR ORDERS,

¶402

IN MFA NO. 100116 OF 2017 BETWEEN:

¶403

SMT. SUNITHA W/O NAGARAJ Y, AGED 34 YEARS, OCC: TAILOR, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101

¶404

…APPELLANT

¶405

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

¶406

AND:

¶407

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389,

¶408

31 -

¶409

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶410

HC-KAR

¶411

R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶412

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

¶413

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶414

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶415

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶416

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶417

…RESPONDENTS

¶418

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶419

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.534/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM

¶420

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶421

32 -

¶422

HC-KAR

¶423

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶424

THIS APPEAL, COMING ON FOR ADMISSION,

¶425

IN MFA NO. 100117 OF 2017 BETWEEN:

¶426

PRAVEEN M. S/O LATE CHINNAPPA M., AGED 50 YEARS, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI.

¶427

…APPELLANT

¶428

(BY SRI. Y LAKSHMIKANT REDDY, ADV)

¶429

AND:

¶430

PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO.KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

¶431

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI.

¶432

M/S ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶433

MOHAMMED ARIF S/O ARUN RASHEED, AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI.

¶434

RAMESH KUMAR S/O LAKSHMANA, AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE,

¶435

33 -

¶436

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶437

HC-KAR

¶438

SIRUGUPPA TALUK, BALLARI DISTRICT.

¶439

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI.

¶440

…RESPONDENTS

¶441

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶442

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.535/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶443

THIS APPEAL, COMING ON FOR ADMISSION,

¶444

IN MFA NO. 100118 OF 2017

¶445

BETWEEN:

¶446

PRASHANTH S/O LATE CHINNAPPA AGED 31 YEARS, OCC: CURRENCY DISTRIBUTOR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

¶447

…APPELLANT

¶448

(BY SRI. Y LAKSHMIKANT REDDY, ADV)

¶449

AND:

¶450

PRAVEEN KUMAR G S/O SATTANNA AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO.KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

¶451

SMT. C. RATHNAMMA W/O C. RAMACHANDRA AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG. NO.KA-34/A-9389,

¶452

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶453

34 -

¶454

HC-KAR

¶455

R/O: MANDALBATTI, NAGARAYANAPPA NAGAR,

¶456

ANDRAL, MUNDRIGI, BALLARI-583110.

¶457

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶458

MKOHAMMED ARIF S/O ARUN RASHEED AGED 30 YEARS, DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI-583101.

¶459

RAMESH KUMAR S/O LAKSHMANA AGED 42 YEARS, OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLALGE, SIRUGUPPA TALUK, BALLARI DISTRICT-583101.

¶460

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-600015.

¶461

…RESPONDENTS

¶462

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

¶463

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.536/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶464

THIS APPEAL, COMING ON FOR ADMISSION,

¶465

IN MFA NO. 100392 OF 2017 BETWEEN:

¶466

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER,

¶467

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶468

35 -

¶469

HC-KAR

¶470

BALLARI, HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9^TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59^TH “C” CROSS, INDUSATRIAL SUBURB, RAJAJINAGAR, 4^TH ‘M’ BLOCK, BENGALURU-560010, REP BY ITS SIGNATORY.

¶471

…APPELLANT

¶472

(BY SRI. R.R. MANE, ADV)

¶473

AND:

¶474

SMT. MABUNNI W/O LATE SABJANSAB @ SAIBANNA, AGE: 43 YEARS, OCC: HOUSEHOLD

¶475

MINOR LAL BASHA S/O LATE SABJAN SAB @ SAIBANNA, AGE: 13 YEARS, OCC: STUDENT, SINCE MINOR, REP. BY HIS GUARDIAN MOTHER SMT. MABUNNI

¶476

(BOTH ARE R/AT. 129, POLERAPPA TEMPLE STREET, PULKURHTIONI, ANDRAHAL, BALLARI)

¶477

G. PRAVEEN KUMAR G. S/O SATTENNA, AGE: 26 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: NOW AT: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAHAL, BALLARI.

¶478

SMT. C.RATHNAMMA W/O C. RAMACHANDRA, AGE: 43 YEARS, OCC: OWNER OF THE TATA ACE BEARING NO.KA-34/A-9389, R/O: NAGARAYANAPPA BHATTI, ANDRAL, BALLARI.

¶479

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, SUNDARAM TOWERS, CHENNAI.

¶480

MOHAMMED ARIF S/O HAROON RASHEED, AGE: 28 YEARS, OCC: DRIVER OF MAXI CAB BEARING NO.KA-34/A-1222, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVINAGAR, BALLARI.

¶481

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¶482

HC-KAR

¶483

RAMESH KUMAR S/O LAKSHMANA, AGE: 33 YEARS, OCC: OWNER OF MAXI CAB BEARING NO.KA-34/A-1222, R/O: M.SUGUR VILLAGE, VIA SIRIGERI, SIRUGUPPA TALUK, BALLARI DISTRICT.

¶484

…RESPONDENTS

¶485

(BY SRI. M. AMAREGOUDA, ADV FOR R1, R2 MINOR REP BY R1, SRI. G.N.RAICHUR, ADV FOR R5, NOTICE TO R3 & R6 ARE DISPENSED WITH, NOTICE TO R4 & R7 ARE SERVED)

¶486

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:03.10.2016, PASSED IN MVC.NO.116/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, AWARDING THE COMPENSATION OF RS.7,36,104/- WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

¶487

THIS APPEAL, COMING ON FOR FINAL HEARING,

¶488

IN MFA NO. 101337 OF 2017 BETWEEN:

¶489

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, BALLARI, REP BY ITS AUTHORISED SIGNATORY.

¶490

…APPELLANT

¶491

(BY SRI. R.R. MANE, ADV)

¶492

AND:

¶493

HARIF @ MD. HARIFF S/O HAROON BASHEER, @ HAROON RASHEED, AGE: 31 YEARS, OCC: DRIVER, R/O: HOUSE NO.7, W.NO.25, DEVI NAGAR, NEAR KARKHANA MASJID, BALLARI.

¶494

PRAVEEN KUMAR G. S/O SATTANNA AGE: 27 YEARS, OCC: DRIVER OF TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

¶495

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¶496

HC-KAR

¶497

SMT. C.RATHNAMMA W/O C. RAMACHANDRA AGE: 37 YEARS, OCC: OWNER OF THE TATA SUPER ACE BEARING NO.KA-34/A-9389, R/O: MANDALBATTI, NAGANARAYANAPPA NAGAR, ANDRAL, MUNDRIGI, BALLARI.

¶498

M/S. ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, DB PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

¶499

RAMESH KUMAR S/O LAKSHMANA AGE: 38 YEARS, OCC: OWNER OF MAXICAB FORCE TOOFAN (CRUISER) BEARING NO.KA-34/A-1222, R/O: HOUSE NO.216E, MANNUR SUGUR VILLAGE, SIRUGUPPA TALUK, BALLARI DISTRICT.

¶500

…RESPONDENTS

¶501

(BY SRI. B.S. SANGATI, ADV FOR R1, SRI. S.S. JOSHI, ADV FOR R4, NOTICE TO R2 IS DISPENSED WITH, NOTICE TO R3 & R5 ARE SERVED)

¶502

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:03.12.2016, PASSED IN MVC.NO.1325/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.3,77,140/- WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

¶503

THIS APPEAL, COMING ON FOR ADMISSION,

¶504

IN MFA NO. 103472 OF 2016 BETWEEN:

¶505

SAVITHRI W/O SURESH D/O LATE M. CHINNAPPA, AGE: 34 YEARS, OCC: RUNNING BEAUTY PARLOUR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1^ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI, TAL: BALLARI,

¶506

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶507

38 -

¶508

HC-KAR

¶509

DIST: BALLARI-583101.

¶510

…APPELLANT

¶511

(BY SRI. JAGADISH PATIL, ADV)

¶512

AND:

¶513

PRAVEEN KUMAR G. S/O SATTANNA, AGE: 26 YEARS, OCC: DRIVER, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW AT NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI, DIST: BALLARI-583101. (DRIVER OF THE TATA SUPER ACE BEARING REG.NO.KA-34/A-9389)

¶514

SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGE: 42 YEARS, OCC: BUSINESS, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI, BALLARI, DIST: BALLARI-583101. (OWNER OF THE TATA SUPER ACE BEARING REG.NO.KA-34/A-9389).

¶515

M/S ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD., BY ITS MANAGER, D.B. PLAZA, 3^RD FLOOR, 47 WHITES ROAD, CHENNAI, TAMILA NADU-600014. (INSURER OF THE TATA SUPER ACE BEARING REG. NO.KA-34/A-9389)

¶516

MOHAMMED AFIR S/O ARUN RASHEED, AGE: 30 YEARS, OCC: DRIVER, R/O: D.NO.128-B, WARD NO.33, NEAR KARAM MASJID, DEVI NAGAR, BALLARI, DIST: BALLARI-583101. (DRIVER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222)

¶517

RAMESH KUMAR S/O LAKSHMANA, AGE: 42 YEARS, OCC: BUSINESS, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ: SIRAGUPPA, DIST: BALLARI-583101. (OWNER OF THE MAXICAB FORCE TOOFAN BEARING REG NO. KA-34/A-1222)

¶518

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¶519

HC-KAR

¶520

THE MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., DARE HOUSE, 2^ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI-410031 (INSURER OF THE MAXICAB FORCE TOOFAN BEARING REG NO.KA-34/A-1222)

¶521

…RESPONDENTS

¶522

(BY SRI. S.S. JOSHI, ADV FOR R3, SRI. RAVINDRA R. MANE, ADV FOR R6, NOTICE TO R4 IS DISPENSED WITH, NOTICE TO R1, R2, & R5 ARE SERVED)

¶523

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.533/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

¶524

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶525

CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

¶526

ORAL JUDGMENT

¶527

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

¶528

MFA Nos.101224, 101225, 102650, 102651, 102652,

¶529

102653, 102654, 102655, 102656, 102657 of 2016, and MFA Nos.100392 and 101337 of 2017 are filed by the Cholamandalam M.S. General Insurance Company Ltd., challenging the judgment and the award. The petitioners have also filed MFA No.100113/2018, MFA

¶530

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¶531

No.101534/2016 and MFA No.101600/2016, MFA Nos.100109, 100110, 100111, 100112, 100113, 100114, 100115, 100116, 100117, and 100118 of 2017 seeking enhancement of the compensation.

¶532

For convenience, the parties are referred to based on the rankings before the Tribunal.

¶533

Brief facts leading rise to the filing of these appeals, are as follows:

¶534

On 11.09.2013, the petitioners were travelling in a Maxi-cab Toofan (cruiser) bearing Reg.No.KA-34/A1222, from Ballari towards Arasikere. When the said vehicle was on the SH-19 road, near Sanikere village, at that time, respondent No.1, being the driver of the TATA Super Ace bearing Reg.No.KA-34/A-9389, came from the opposite direction, in a rash and negligent manner, and dashed against the Maxi-cab, in which the petitioners were travelling. As a result, petitioners sustained injuries, and one of the inmates of the Maxi-cab bearing Reg.No.KA-

¶535

41 -

¶536

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶537

34/A-1222 has died. The petitioners filed a claim petitions seeking compensation.

¶538

Praveen Kumar G, and Smt.C.Rathnamma, i.e., driver and owner of the TATA Ace bearing Reg.No.KA34/A-9389, filed a statement of objections denying the allegations made in the claim petitions. It is contended that G.Praveen Kumar had a valid and effective driving licence to drive the vehicle. According to the driver and owner of the TATA Ace bearing Reg.No.KA-34/A-9389, the accident in question occurred due to the rash and negligent driving of the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. Hence, it is contended that Mohammed Arif, i.e., the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222, has contributed to the accident, and the driver, owner and insurer of the said Maxi-cab are also necessary parties. Hence, it is prayed to dismiss the claim petitions against the driver and owner of the TATA Ace bearing Reg.No.KA-34/A-9389.

¶539

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¶540

HC-KAR

¶541

6. Royal Sundaram Alliance Insurance Company

¶542

Limited has filed a statement of objections denying the allegations made in the claim petitions. It is admitted that the policy was in force, as of the date of the accident. It is contended that G.Praveen Kumar, driver of the TATA Ace bearing Reg.No.KA-34/A-9389 was driving the vehicle slowly, cautiously, and on the proper side of the road. It is contended that at that time, Mohammed Arif, the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222, was driving the vehicle in a rash and negligent manner, and dashed against the Maxi-cab. Due to which, the accident has taken place. It is contended that the driver of the TATA Ace did not possess a valid license as of the date of the accident. Hence, prays to dismiss the claim petitions against the Royal Sundaram Alliance Insurance Company Limited.

¶543

Cholamandalam MS General Insurance Company Limited filed a statement of objections contending that a case was registered against G.Praveen

¶544

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶545

43 -

¶546

Kumar, driver of the TATA Ace bearing Reg.No.KA-34/A9389, in crime No.294/2013 and not against the Mohammed Arif, the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. It is contended that Ramesh Kumar, i.e., owner of the Maxi-cab bearing Reg.No.KA34/A-1222 has entrusted the Maxi-cab to Mohammed Arif, knowing fully well that he did not have a valid and effective driving license. It is contended that the policy was in force regarding the Maxi-cab bearing Reg.No.KA34/A-1222. Hence, prays to dismiss the claim petitions against the Cholamandalam MS General Insurance Company Limited.

¶547

The Tribunal, based on the pleadings of the parties, framed the relevant issues.

¶548

The petitioners, to substantiate their case, examined themselves in the P.W. series, and marked documents under the exhibit P-series. The Insurance Companies also examined the witnesses in the R.W.

¶549

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶550

44 -

¶551

series, and marked documents under the exhibits R-series. The Tribunal, after assessing the verbal and the documentary evidence, allowed the claim petitions in part, and held that G.Praveen Kumar and Smt.C.Rathnamma and Royal Sundaram Alliance Insurance Company Limited are jointly and severally liable to pay the compensation amount to the petitioners to the extent of 75%, and Mohammed Arif, Ramesh Kumar and Cholamandalam MS General Insurance Company Limited are jointly and severally liable to pay the compensation amount to the petitioners to the extent of 25%. Royal Sundaram Alliance Insurance Company Limited, and the Cholamandalam MS

¶552

General Insurance Company Limited were directed to deposit the compensation amount, within two months from the date of the award.

¶553

Aggrieved by the judgment and award passed by the Tribunal, the Cholamandalam M.S. General Insurance Company Ltd., filed a MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654,

¶554

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶555

45 -

¶556

102655, 102656, 102657 of 2016, and MFA Nos.100392

¶557

and 101337 of 2017 challenging the judgment and the award. The claimants have also filed MFA No.100113/2018, MFA No.101534/2016, and MFA No.101600/2016, MFA Nos.100109, 100110, 100111, 100112, 100113, 100114, 100115, 100116, 100117, and 100118 of 2017, seeking enhancement of the compensation.

¶558

Heard the arguments of the learned counsel for the Cholamandalam M.S. General Insurance Company Ltd., Royal Sundaram Alliance Insurance Company Limited and the learned counsel for the petitioners.

¶559

Learned counsel for the Cholamandalam M.S. General Insurance Company Ltd., submits that due to the rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389, the accident occurred, and a case was registered against the driver of the said vehicle. He submits that the driver of the Maxi-cab bearing

¶560

46 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶561

Reg.No.KA-34/A-1222 did not held a valid and effective driving licence. He submits that the petitioners have failed to establish that the accident occurred due to the rash and negligent driving of the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. The Tribunal has committed an error in saddling the liability on the Insurance Company, i.e., Cholamandalam M.S. General Insurance Company Ltd., to the extent of 25%. Hence, on these grounds, he prays to allow the appeals filed by the Insurance Company, and dismiss the appeals filed by the petitioners.

¶562

Per contra, learned counsel for the Royal Sundaram Alliance Insurance Company Limited submits that though the charge sheet is filed against G.Praveen Kumar, driver of the TATA Ace, and Ramesh Kumar, owner of the Maxi-cab, the Tribunal was not justified in saddling the liability on the Insurance Company, i.e., Royal Sundaram Alliance Insurance Company Limited to the extent of 75%. He submits that the driver of the TATA Ace bearing Reg.No.KA-34/A-9389 has parked the vehicle in

¶563

47 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶564

the middle of the road and the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222 has contributed to the accident. It was contributory negligence on the part of the drivers of both vehicles, i.e., G.Praveen Kumar and Mohammed Arif. He submits that the Tribunal was justified in saddling the liability on both the Insurance Companies. Hence, on these grounds, he prays to dismiss the appeals filed by the petitioners, and the Cholamandalam M.S. General Insurance Company Ltd.

¶565

Learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, prays to allow the appeals filed by the petitioners, and to enhance the compensation amount.

¶566

I have perused the records, and considered the submissions made by the learned counsel for the parties.

¶567

The point that arises for consideration is about the liability, and the quantum of compensation.

¶568

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶569

48 -

¶570

The petitioners were travelling in the vehicles,

¶571

i.e., TATA Ace bearing Reg.No.KA-34/A-9389 and Maxi-cab bearing Reg.No.KA-34/A-1222. Both vehicles met with an accident. Some of the passengers sustained injuries, and one of them succumbed to the injuries. To prove that the accident occurred due to rash and negligent driving of the vehicles, the petitioners produced the charge sheet, marked as Ex.P4 (in MVC No.1325/2014). It discloses that the charge sheet is filed against G.Praveen Kumar, driver of the TATA Ace bearing Reg.No.KA-34/A-9389, and Ramesh Kumar, i.e., owner of the Maxi-cab bearing Reg.No.KA-34/A-1222. Admittedly, as of the date of the accident, owner of the Maxi-cab bearing Reg.No.KA-34/A1222 was not driving the vehicle. One Mohammed Arif drives it, and no charge sheet is filed against Mohammed Arif. The Tribunal did not properly consider the said aspect. Admittedly, a charge sheet has been filed against G.Praveen Kumar, who is the driver of the TATA Ace bearing Reg.No.KA-34/A-9389. Thus, the accident

¶572

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶573

49 -

¶574

occurred due to rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389, and there was no negligence on the part of the driver of the Maxicab bearing Reg.No.KA-34/A-1222. Thus, the Tribunal has committed an error in saddling the liability on the Cholamandalam M.S. General Insurance Company Ltd. Hence, the liability fastened on the Cholamandalam M.S. General Insurance Company Ltd. requires to be exonerated.

¶575

In view of the above discussion, this court is of the considered opinion that the accident occurred due to rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389. Hence, G.Praveen Kumar (driver), Smt.C.Rathnamma (owner), and the Royal Sundaram Alliance Insurance Company Limited (insurer) are jointly, and severally liable to pay the compensation amount to the petitioners.

¶576

50 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶577

Accordingly, the appeals filed by the Cholamandalam M.S. General Insurance Company Ltd., in MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654, 102655, 102656, 102657 of 2016, MFA Nos.100392 and 101337 of 2017 are liable to be allowed. The liability fastened on the Cholamandalam M.S. General Insurance Company Ltd is exonerated. G.Praveen Kumar (driver), Smt.C.Rathnamma (owner) and the Royal Sundaram Alliance Insurance Company Limited (insurer) of the TATA Ace bearing Reg.No.KA-34/A-9389 are jointly and severally liable to pay the compensation amount to the petitioners.

¶578

In MFA No.100113/2018

¶579

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any documents to prove his income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka

¶580

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶581

51 -

¶582

State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 28 years old, as of the date of the accident. The multiplier applicable to the age group is ‘17’, and 40% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.2,800 = Rs.9,800/-. To prove the disability, the petitioner examined the doctor as P.W.2,

¶583

who has opined that the petitioner has sustained permanent disability to the extent of 30%. Admittedly, the doctor who has examined the petitioner is not a treated doctor. However, the Tribunal has assessed the permanent disability at 15%. The Tribunal has taken the disability at 15%, which is on the lower side. This court re-assess the permanent disability at 20%, which is just and proper. Thus, the petitioner is entitled for compensation of Rs.3,99,840/- (Rs.9,800/-x 12x 17x20%) under the head

¶584

loss of future earning. The petitioner is also entitled to a compensation of Rs.19,600/-(Rs.9,800/- x 2 months) under the head loss of earning during the laid up period,

¶585

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶586

52 -

¶587

HC-KAR

¶588

Rs.10,000/under the head attendant charges, Rs.20,000/- under the head Food and nourishment expenses, Rs.25,000/- under the head loss of amenities, and Rs.25,000/- under the head pain and suffering.

¶589

Thus, the petitioner is entitled to a total

¶590

compensation, which is as follows:

¶591

Particulars	Compensation amount in (Rs.)
Loss of future earning (Rs.9,800/-x 12x 17x20%)	3,99,840/-
Loss of earning during laid up period	19,600/-
Attendant charges	10,000/-
Food and nourishment	20,000/-
Loss of amenities	25,000/-
Medical expenses	11,540/-
Pain and suffering	25,000/-
Total	5,10,980/-
Compensation awarded by the Tribunal	3,77,140/-
Enhanced compensation	1,33,840/-

¶592

Thus, the appeal filed by the petitioner is

¶593

allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,33,840/- with interest at the rate of

¶594

53 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶595

6% p.a. from the date of the petition till realisation of the amount.

¶596

In MFA No.101534/2016

¶597

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove the income of the deceased. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident occurred in 2013.The deceased was about 75 years old, as of the date of the accident, and 1/3^rd of his income has to be deducted towards his personal expenses, which comes to Rs.4,667/-. The multiplier applicable to the age group is ‘5’. Thus, the petitioner is entitled to a compensation of Rs.2,80,020/- (Rs.4,667/-x 12 x 5) under the head loss of dependency. The petitioner is also entitled to a compensation of Rs.48,000/- under the head loss of

¶598

54 -

¶599

HC-KAR

¶600

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶601

consortium, Rs.36,000/- under the head funeral expenses

¶602

and loss of estate.

¶603

Thus, the petitioner is entitled to total

¶604

compensation, which is as follows:

¶605

Compensation
Particulars
amount in (Rs.)
Loss of dependency 2,80,020/-
(Rs.4,667/-x 12x 5)
Loss of consortium 48,000/-
Funeral expenses and loss of
36,000/-
Estate
Total 3,64,020
Compensation awarded by the
2,70,000/-
Tribunal
Enhanced compensation 94,020/-

¶606

Thus, the appeal filed by the petitioner is

¶607

allowed in part. The petitioner is entitled to an enhanced compensation of Rs.94,020/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶608

In MFA No.101600/2016

¶609

55 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶610

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 53 years old, as of the date of the accident. The multiplier applicable to the age group is ‘11’, and 10% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.700 = Rs.7,700/-. To prove the disability, the petitioner examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 24%. Admittedly, the doctor who has examined the petitioner is a treated doctor. However, the Tribunal has assessed the permanent disability at 12%, which is on the lower side. Considering the evidence of the doctor, this court re-assesses the disability at 18%. Thus, the petitioner is entitled to a compensation of

¶611

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¶612

56 -

¶613

HC-KAR

¶614

Rs.1,82,952/- (Rs.7,700/-x 12x 11x18%) under the head loss of future earning. The petitioner is also entitled to a compensation of Rs.15,400/-(Rs.7,700/- x 2 months) under the head loss of earnings during the laid up period, Rs.40,000/- under the head future medical expenses, Rs.65,440/under the head medical expenses, Rs.40,000/under the head pain and suffering, Rs.10,000/- under the head attendant, nourishment and conveyance charges, and Rs.25,000/- under the head loss of amenities.

¶615

Thus, the petitioner is entitled to total

¶616

compensation, which is as follows:

¶617

Particulars	Compensation amount in (Rs.)
Loss of future earning (Rs.7,700/-x 12x 11x18%)	1,82,952/-
Loss of earning during laid up period	15,400/-
Future medical expenses	40,000/-
Medical expenses	65,440/-
Loss of amenities	25,000/-
Attendant, nourishment &	10,000/-

¶618

HC-KAR

¶619

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¶620

conveyance charges
Pain and suffering	40,000/-
Total	3,78,792/-
Compensation awarded by the Tribunal	2,10,240/-
Enhanced compensation	1,68,552/-

¶621

Thus, the appeal filed by the petitioner is

¶622

allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,68,552/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶623

In MFA No.100109/2017

¶624

This appeal is filed by the petitioner seeking an enhancement of the compensation. To prove his income, the petitioner has produced the income tax returns marked as Exs.P18 and P19. From the perusal of the exhibits, the monthly income of the petitioner is assessed at Rs.20,000/-. The accident is of 2013. The petitioner was about 30 years old, as of the date of the accident. The multiplier applicable to the age group is ‘17’, and 40%

¶625

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¶626

58 -

¶627

future prospects is to be added to the notional income, i.e., Rs.20,000 + Rs.8,000 = Rs.28,000/-. To prove the disability, the petitioner examined the doctor, who has opined that the petitioner has sustained a permanent disability to the extent of 10%. Admittedly, the doctor who has examined the petitioner is a treated doctor. The Tribunal has taken the permanent disability at 10%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.5,71,200/(Rs.28,000/-x 12x 17x10%) under the head loss of future earnings. The petitioner is also entitled to a compensation of Rs.56,000/(Rs.28,000/- x 2 months) under the head loss of earnings during the laid up period, Rs.10,000/- under the head attendant and conveyance charges, Rs.25,000/- under the head loss of amenities, and Rs.25,000/- under the head pain and suffering, Rs.14,186 under the head medical expenses.

¶628

Thus, the petitioner is entitled to total compensation, which is as follows:

¶629

59 -

¶630

HC-KAR

¶631

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶632

Compensation
Particulars
amount in (Rs.)
Loss of future earning 5,71,200/-
(Rs.28,000/-x 12x 17x10%)
Loss of earning during laid up
56,000/-
period
Attendant and conveyance
10,000/-
charges
Medical expenses 14,186/-
Loss of amenities 25,000/-
Pain and suffering 25,000/-
Total 7,01,386/-
Compensation awarded by the
5,12,185/-
Tribunal
Enhanced compensation 1,89,201/-

¶633

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,89,201/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶634

In MFA No.100110/2017

¶635

The learned counsel for the petitioner has filed a memo seeking the permission of this court to withdraw

¶636

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¶637

the appeal. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn.

¶638

In MFA No.100111/2017

¶639

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/- as the accident is of 2013. The petitioner was about 64 years old, as of the date of the accident. The multiplier applicable to the age group is ‘7’. To prove the disability, the petitioner examined the doctor, who has opined that the petitioner has sustained a permanent disability to the extent of 40%. The Tribunal has taken the permanent disability at 40%, which is just and proper. The Insurance Company has not challenged the disability assessed by the Tribunal. Thus, the

¶640

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¶641

HC-KAR

¶642

petitioner is entitled to compensation of Rs.2,35,200/(Rs.7,000/-x 12x 7x40%) under the head loss of future earning. The petitioner is also entitled to compensation of Rs.21,000/-(Rs.7,000/- x 3 months) under the head loss of earnings during the laid up period, Rs.2,74,935/- under the head medical expenses, Rs.20,000/- under the head attendant, nourishment and conveyance charges, and Rs.40,000/under the head pain and suffering, Rs.40,000/- under the head future medical expenses, and Rs.25,000/- under the head loss of amenities.

¶643

Thus, the petitioner is entitled to a total compensation, which is as follows:

¶644

Particulars	Compensation amount in (Rs.)
Loss of future earning (Rs.7,000/-x 12x 7x40%)	2,35,200/-
Loss of earning during laid up period	21,000/-
Medical expenses	2,74,935/-
Future medical expenses	40,000/-
Attendant, nourishment and conveyance charges	20,000/-

¶645

HC-KAR

¶646

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¶647

Loss of amenities	25,000/-
Pain and suffering	40,000/-
Total	6,56,135/-
Compensation awarded by the Tribunal	5,25,935/-
Enhanced compensation	1,30,200/-

¶648

Thus, the appeal filed by the petitioner is

¶649

allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,30,200/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶650

In MFA No.100112/2017

¶651

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove his income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 43 years old, as of the date of the

¶652

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¶653

63 -

¶654

accident. The multiplier applicable to the age group is ‘14’. 25% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.1,750 = Rs.8,750/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 20%. The Tribunal has taken the permanent disability at 20%, which is just and proper. Thus, the petitioner is entitled to compensation of Rs.2,94,000/- (Rs.8,750/-x 12x 14x20%) under the head loss of future earning. The petitioner is also entitled to compensation of Rs.26,250/-(Rs.8,750/- x 3 months) under the head loss of earning during the laid up period, Rs.25,000/- under the head attendant, nourishment, and conveyance charges, Rs.2,35,767/- under the head medical expenses, and Rs.40,000/- under the head pain and suffering and Rs.30,000/- under the head loss of amenities and Rs.40,000/- under the head future medical expenses.

¶655

64 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶656

HC-KAR

¶657

Thus, the petitioner is entitled to a total

¶658

compensation, which is as follows:

¶659

Particulars	Compensation amount in (Rs.)
Loss of future earning (Rs.8,750/-x 12x 14x20%)	2,94,000/-
Loss of earning during laid up period	26,250/-
Attendant, nourishment and conveyance expenses	25,000/-
Future medical expenses	40,000/-
Medical expenses	2,35,767/-
Loss of amenities	30,000/-
Pain and suffering	40,000/-
Total	6,91,017/-
Compensation awarded by the Tribunal	4,96,265/-
Enhanced compensation	1,94,752/-

¶660

Thus, the appeal filed by the petitioner is

¶661

allowed in part. The petitioner is entitled to an enhanced

¶662

compensation of Rs.1,94,752/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the

¶663

amount.

¶664

65 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶665

In MFA No.100113/2017

¶666

This appeal is filed by the petitioner seeking an enhancement of the compensation. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 58 years old, as of the date of the accident. The multiplier applicable to the age group is ‘9’, and 10% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.700 = Rs.7,700/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 45%. The Tribunal has taken the permanent disability at 45%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.3,74,220/- (Rs.7,700/-x 12x 9x45%) under the head loss of future earning. The petitioner is also entitled to

¶667

66 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶668

HC-KAR

¶669

compensation of Rs.38,500/-(Rs.7,700/- x 5 months) under the head loss of earning during the laid up period, Rs.30,000/- under the head attendant, nourishment, and conveyance charges, Rs.1,46,088/- under the head medical expenses, and Rs.40,000/- under the head pain and suffering and Rs.30,000/- under the head loss of amenities and Rs.40,000/- under the head future medical expenses.

¶670

Thus, the petitioner is entitled to total

¶671

compensation, which is as follows:

¶672

Particulars	Compensation amount in (Rs.)
Loss of future earning	3,74,220/-
(Rs.7,700/-x 12x 9x45%)
Loss of earning during laid up period	38,500/-
Attendant, nourishment and conveyance expenses	30,000/-
Future medical expenses	40,000/-
Medical expenses	1,46,088/-
Loss of amenities	30,000/-
Pain and suffering	40,000/-
Total	6,98,808/-
Compensation awarded by the Tribunal	4,86,690/-
Enhanced compensation	2,12,118/-

¶673

67 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶674

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.2,12,118/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶675

In MFA No.100114/2017

¶676

The petitioner has not examined the doctor to prove his disability. In the absence of proof of disability, The Tribunal has awarded compensation of Rs.70,000/-, which is on the lower side.

¶677

Considering the injuries sustained by the petitioner, this court is of the opinion that the petitioner is entitled to a global compensation of Rs.1,00,000/-.

¶678

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.30,000/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶679

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¶680

68 -

¶681

HC-KAR

¶682

In MFA No.100115/2017

¶683

The learned counsel for the petitioner has filed a memo seeking the permission of this court to withdraw the appeal. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn.

¶684

In MFA No.100116/2017

¶685

The Tribunal has awarded global compensation of Rs.6,000/-, which is on the lower side. Considering the injuries sustained by the petitioner, this court is of the opinion that the petitioner is entitled to global compensation of Rs.25,000/-.

¶686

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶687

In MFA No.100117/2017

¶688

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¶689

69 -

¶690

HC-KAR

¶691

The Tribunal has awarded global compensation of Rs.6,000/-, which is on the lower side. Considering the injuries sustained by the petitioner, this court is of the opinion that the petitioner is entitled to global compensation of Rs.25,000/-.

¶692

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of the petition till realization of the amount.

¶693

In MFA No.100118/2017

¶694

The Tribunal has awarded global compensation of Rs.6,000/-, which is on the lower side. Considering the injuries sustained by the petitioner, this court is of the opinion that the petitioner is entitled to global compensation of Rs.25,000/-.

¶695

Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced

¶696

70 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 HC-KAR AND 23 OTHERS

¶697

compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶698

In MFA No.103472/2016

¶699

This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 32 years old, as of the date of the accident. The multiplier applicable to the age group is ‘16’, and 40% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.2,800 = Rs.9,800/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 10%. The Tribunal has taken the

¶700

71 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶701

HC-KAR

¶702

permanent disability at 10%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.1,88,160/- (Rs.9,800/-x 12x 16x10%) under the head

¶703

loss of future earning. The petitioner is also entitled to a compensation of Rs.9,800/-(Rs.9,800/- x 1 month) under the head loss of earnings during the laid up period, Rs.30,000/- under the head attendant, nourishment and conveyance charges, Rs.9,080/- under the head medical expenses, and Rs.25,000/- under the head pain and suffering and Rs.25,000/- under the head loss of amenities.

¶704

Thus, the petitioner is entitled to total

¶705

compensation, which is as follows:

¶706

Particulars	Compensation amount in (Rs.)
Loss of future earning (Rs.9,800/-x 12x 16x10%)	1,88,160/-
Loss of earning during laid up period	9,800/-
Attendant, nourishment and conveyance expenses	30,000/-

¶707

72 - NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶708

HC-KAR

¶709

Medical expenses	9,080/-
Loss of amenities	25,000/-
Pain and suffering	25,000/-
Total	2,87,040/-
Compensation awarded by the Tribunal	1,50,080/-
Enhanced compensation	1,36,960/-

¶710

Thus, the appeal filed by the petitioner is

¶711

allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,36,960/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount.

¶712

In view of the above discussion, the point

¶713

formulated is answered in the affirmative, and I proceed to pass the following:

¶714

ORDER

¶715

i. The appeals filed by the Cholamandalam M.S. General Insurance Company Ltd., in MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654,

¶716

102655, 102656, 102657 of 2016, and MFA Nos.100392 and 101337 of 2017 are allowed. The liability fastened on the

¶717

73 -

¶718

NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

¶719

HC-KAR

¶720

Cholamandalam M.S. General Insurance Company Ltd is exonerated.

¶721

ii. G.Praveen Kumar (driver), Smt.C.Rathnamma (owner) and the Royal Sundaram Alliance Insurance Company Limited (insurer) of the TATA Ace bearing Reg.No.KA-34/A-9389 are jointly and severally liable to pay the compensation amount to the petitioners.

¶722

iii. The appeals filed by the claimants are allowed in part.

¶723

iv. The petitioner in MFA No.100113/18 is entitled to an enhanced compensation of Rs.1,33,840/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶724

v. The petitioner in MFA No.101534/2016 is entitled to an enhanced compensation of Rs.94,020/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶725

vi. The petitioner in MFA No.101600/2016 is entitled to an enhanced compensation of

¶726

74 -

¶727

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¶728

HC-KAR

¶729

Rs.1,68,552/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶730

vii. The petitioner in MFA No.100109/2017 is entitled to an enhanced compensation of Rs.1,89,201/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶731

viii. The petitioner in MFA No.100111/2017 is entitled to an enhanced compensation of Rs.1,30,200/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶732

ix. The petitioner in MFA No.100112/2017 is entitled to an enhanced compensation of Rs.1,94,752/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶733

x. The petitioner in MFA No.100113/2017 is entitled to an enhanced compensation of Rs.2,12,118/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶734

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¶735

HC-KAR

¶736

75 -

¶737

xi. The petitioner in MFA No.100114/2017 is entitled to an enhanced compensation of Rs.30,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶738

xii. The petitioner in MFA No.100116/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶739

xiii. The petitioner in MFA No.100117/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶740

xiv. The petitioner in MFA No.100118/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

¶741

xv. The petitioner in MFA No.103472/2016 is entitled to an enhanced compensation of Rs.1,36,960/- with interest at the rate of

¶742

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¶743

76 -

¶744

HC-KAR

¶745

6% p.a. from the date of petition till realisation of the amount.

¶746

xvi. The appeals filed by the petitioner in MFA Nos.100110 and 100115 of 2017 are dismissed as withdrawn.

¶747

xvii. The impugned judgments and awards passed by the Tribunal is modified.

¶748

xviii. G.Praveen Kumar (driver), Smt.C.Rathnamma (owner) and the Royal Sundaram Alliance Insurance Company Limited (insurer) of the TATA Ace bearing Reg.No.KA-34/A-9389 are jointly and severally liable to pay the compensation amount to the petitioners.

¶749

xix. The Royal Sundaram Alliance Insurance Company Limited is directed to deposit the compensation amount with accrued interest, within a period of eight weeks from the date of receipt of a certified copy of this judgment.

¶750