The United India Insurance Co. Limited Vs Sri Manjunath C

REPRESENTED BY REGIONAL MANAGER, UNITED INDIA INSURANCE CO.LD. REGIONAL OFFICE- 5TH FLOOR, Digitally signed by PADMASHREE NRUPATHUNGA ROAD, KRISHI BHAVAN SHEKHAR DESAI BANGALORE-1 Location: High …APPELLANT Court Of (BY SRI. P B RAJU & P S JAGADISH.,ADVOCATE) Karnatka

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(BY SRI. P B RAJU & P S JAGADISH.,ADVOCATE) AND:

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SRI MANJUNATH C S/O A.CHINNAPPA, AGED ABOUT 23 YEARS, R/AT NO.50, AVALAHALLI, YELAHANKA HOBLI, BANGALORE-560 004

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2 - NC: 2025:KHC:34273 MFA No. 1675 of 2013 C/W MFA No. 2434 of 2013

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HC-KAR

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SRI N MANJUNATHA S/O K.NARASIMMAIAH, MAJOR, NO.ET 47223, GOETZ INDIA LTD., GOETZ NEW GOUNDRY DEPARTMENT, YELAHANKA, BANGALORE 560064

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…RESPONDENTS

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(BY SRI. R1-SD; VIDE ORDER DATED 12.03.2018, NOTICE TO R2 IS HELD SUFFICIENT)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2012 PASSED IN MVC NO.1575/2011 ON THE FILE OF THE MEMBER, MACT, 8TH ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BANGALORE, AWARDING A COMPENSATION OF RS.15,000/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL DEPOSIT.

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IN MFA NO. 2434/2013

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BETWEEN:

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SRI GOVINDARAJU R H S/O HANUMANNA, AGED ABOUT 38 YEARS, R/AT BASHETTY HALLI, VIJAYANAGARA, BANGALORE RURAL DISTRICT

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...APPELLANT

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(BY SMT. SUSHMITHA G, ADVOCATE FOR SRI. N GOPALKRISHNA, ADVOCATE)

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AND:

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SRI MANJUNATHA S/O K NARASIMHAIAH, MAJOR IN AGE, NO. ET 47223, GEETZ INDIA LTD, GEETZE NEW GODDRY DEPT., YELAHANKA, BANGALORE- 64

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M/S UNITED INDIA INSURANCE CO.LTD.,

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HC-KAR

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NO. 212, SPS407, 1ST MAIN "A" MAIN ROAD, NEW TOWN, YELAHANKA, BANGALORE- 560 106

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...RESPONDENTS

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(BY SRI. P B RAJU, ADVOCATE FOR R2; V/O DATED 13.07.2025, NOTICE TO R1 DISMISSED)

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.11.2012 PASSED IN MVC NO.6338/2010 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, 26TH ACMM, BANGALORE(SCCH-09), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION

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

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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These appeals are filed under Section 173(1) of the Motor

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Vehicles Act, 1988.

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MFA No.1675/2013 is filed by the Insurance Company being aggrieved by the judgment and award dated 15.11.2012 passed in MVC No.1575/2011 on the file of the Motor Accident Claims Tribunal-V, Court of Small Causes, Bangalore, whereby the Tribunal has partly allowed the claim petition. The appellant–Insurance Company prays for setting aside the said judgment and award.

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HC-KAR

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MFA No.2434/2013 is filed by the appellant being aggrieved by the judgment and award dated 19.11.2012 passed in MVC No.6338/2010 on the file of the MACT, Court of Small Causes, 26th ACMM, Bangalore, whereby the Tribunal has partly allowed the claim petition. The appellant prays for modification of the compensation amount.

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Since both these appeals arise out of the very same accident, in which a pillion rider as well as a pedestrian sustained injuries. These appeals are preferred by the Insurance Company as the appellant.

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IN MFA No. 1675/2013 (arising out of MVC

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No.1575/2011):

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Briefly stated, the case of the petitioner is as follows:

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That on 06.09.2010 at about 6.45 a.m. the petitioner was proceeding on the motor cycle bearing registration No.KA.04.EL.7575 as a pillion rider on BangaloreDoddaballapura road, on the way near Bank Circle, the rider of the motor cycle dashed against the pedestrian who was standing by the side of Bank circle, Bashettyhalli, due to impact of the said accident, the petitioner fell down and sustained

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HC-KAR

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grievous injuries, thereby the petitioner has filed this petition for compensation.

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IN MFA No. 2434 of 2013 (arising out of MVC No.6338/2010):

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The brief facts of the petition is an under:

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According to the petitioner on 06.09.2010 at about 6.45 a.m. when he was standing near Bank Circle, Bashettihalli, Bangalore, in order to go to his job, at that time, the rider of Yamaha RX motor cycle bearing registration No.KA-04-EL-7575 drove the same in a rash and negligent manner from Yelahanka side and dashed against the petitioner and in the said the accident the petitioner has sustained injuries as shown in the wound certificate.

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7. IN MVC No.1575/2011

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The Tribunal held that the rider was implicated and absolved the Insurance Company on the ground that the rider did not possess a valid driving license. The claim petition in MVC No.1575/2011 was partly allowed by the MACT-V, Court of Small Causes, Bangalore, awarding a global compensation of

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HC-KAR

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Rs.15,000/- with interest at 6% p.a. from the date of petition till the date of deposit in Court.

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8. IN MVC No.6338/2010

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The Tribunal partly allowed the claim petition in MVC No.6338/2010 by the MACT, Court of Small Causes, 26^th ACMM, Bangalore, awarded compensation of Rs.1,55,900/- along with interest at 6% p.a. from the date of petition till its realization.

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This Court, on perusal of the records, finds it just and reasonable to remand both the matters to the concerned Tribunal, in order to provide an opportunity to both parties to adduce evidence and for hearing on merits.

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Hence, I proceed to pass the following:

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ORDER

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