Karnataka High Court
Shriram Gen.Ins.Co.Ltd vs Neelavva W/O. Yallappa Pujari on 19 January, 2022
Bench: S.Vishwajith Shetty
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
MISCELLANEOUS FIRST APPEAL NOS.23493, 23494,
23495, 23496 AND 23497 OF 2013 (MV, I)
IN MFA.NO.23493/2013
BETWEEN
SHRIRAM GEN. INS. CO. LTD.
10003 E-8, RIICO, INDUSTRIAL AREA,
SITAPUR, JAIPUR, RAJASTAN STATE-302 022.
...APPELLANT
(BY SRI NAGARAJ C. KOLLOORI, ADVOCATE)
AND :
1. KUMARI MUKTUMBI D/O.IMAMSAB MULLANAVAR,
AGE; 19 YEARS, OCC: COOLIE,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
2. SRI. SIDDAPPA S/O. BHIMAPPA UPPAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BOCHABAL, TQ: RAMDURG,
DIST: BELGUAM.
3. THE ORIENTAL INSURANCE CO. LTD.,
204/E KANCHANJUNGA,
OPPOSITE PANCHASHIL HOTEL,
S.T. STAND ROAD, KOLHAPUR,
MAHARASTRA STATE-01,
THE D.M., ORIENTAL INS. CO. LTD.,
CLUB ROAD, BELGAUM.
2
4. SRI ISHWARAYYA S/O. GURUSHANTAYYA HIREMATH,
AGE: MAJOR, OCC: BUSINESS,
R/O. HAMPIHOLI, TQ: RAMDURG, DIST: BELGAUM.
....RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 AND 2 -SERVED)
(BY SRI S.S.KOLIWAD, ADV. FOR RESPONDENT NO.3)
(BY SRI B.V.SOMAPUR, ADV. FOR RESPONDENT NO.4)
THIS MFA IS FILED U/S.173(1) OF M.V.ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31-10-2012 PASSED IN MVC
NO.638/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND
ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, RAMDURG,
AWARDING THE COMPENSATION OF RS.9,000/- WITH
INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF
PETITION TILL REALISATION.
IN MFA.NO.23494/2013
BETWEEN
SHRIRAM GEN.INS.CO.LTD.
3RD FLOOR, S-5, MONARCH CHAMBER,
SHIVAJI NAGAR, BANGALORE,
NOW REP. BY ITS AUTHORIZED SIGNATORY,
E-8, EPIP, RIICO, SITAPUR, JAIPUR,
RAJASTAN-302 022.
...APPELLANT
(BY SRI NAGARAJ C.KOLLOORI, ADVOCATE)
AND :
1. SMT YALLAVVA W/O. MARIYAPPA MADAR,
AGE: 60 YEARS, OCC: COOLIE,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
3
2. SRI SIDDAPPA S/O. BHIMAPPA UPPAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BOCHABAL, TQ: RAMDURG,
DIST: BELGAUM.
3. THE ORIENTAL INSURANCE CO.LTD.,
204/E, KANCHANJUNGA,
OPPOSITE PANCHASHEEL HOTEL,
S.T STAND ROAD KOLHAPUR,
MAHARASTRA-01,
REP. BY D.O., THE D.M, CLUB ROAD,
BELGAUM.
4. SRI ISHWARAYYA S/O. GURUSHANTAYYA HIREMATH,
AGE: MAJOR, OCC: BUSINESS,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
.....RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 -SERVED)
(BY SRI S.S.KOLIWAD, ADV. FOR RESPONDENT NO.3)
(BY SRI B.V.SOMAPUR, ADV. FOR RESPONDENT NO.4)
THIS MFA IS FILED U/S 173(1) OF M.V.ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31-10-2012 PASSED IN MVC
NO.642/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, RAMDURG, AWARDING COMPENSATION OF RS.8,000/-
WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF
FILING THE PETITION TILL REALISATION.
IN MFA.NO.23495/2013
BETWEEN
SHRIRAM GEN. INS. CO. LTD.
3RD FLOOR, S-5, MONARCH CHAMBER,
SHIVAJI NAGAR, BANGALORE,
NOW REP. BY ITS AUTHORIZED SIGNATORY,
4
E-8, EPIP, RIICO, SITAPUR, JAIPUR,
RAJASTAN-302 022.
...APPELLANT
(BY SRI NAGARAJ C.KOLLOORI, ADVOCATE)
AND :
1. SMT NEELAVVA W/O. YALLAPPA PUJARI,
AGE: 25 YEARS, OCC: COOLIE,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
2. SRI SIDDAPPA S/O. BHIMAPPA UPPAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BOCHABAL, TQ: RAMDURG,
DIST: BELGAUM.
3. THE ORIENTAL INSURANCE CO.LTD.,
204/E KANCHANJUNGA,
OPPOSITE PANCHASHEEL HOTEL,
S.T STAND ROAD KOLHAPUR,
MAHARASTRA-01,
REP. BY D.O., THE D.M, CLUB ROAD,
BELGAUM.
4. SRI ISHWARAYYA S/O. GURUSHANTAYYA HIREMATH,
AGE: MAJOR, OCC: BUSINESS,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
....RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 AND 2 -SERVED)
(BY SRI S.S.KOLIWAD, ADV. FOR RESPONDENT NO.3)
(BY SRI B.V.SOMAPUR, ADV. FOR RESPONDENT NO.4)
THIS MFA IS FILED U/S.173(1) OF M.V.ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31-10-2012 PASSED IN MVC
NO.643/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, RAMDURG, AWARDING COMPENSATION OF RS.6,000/-
WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF
FILING THE PETITION TILL REALISATION.
5
IN MFA.NO.23496/2013
BETWEEN
SHRIRAM GEN. INS. CO. LTD.
3RD FLOOR, S-5, MONARCH CHAMBER,
SHIVAJI NAGAR, BANGALORE,
NOW REP. BY ITS AUTHORIZED
SIGNATORY, E-8, EPIP, RIICO,
SITAPUR, JAIPUR,
RAJASTAN-302 022.
...APPELLANT
(BY SRI NAGARAJ C.KOLLOORI, ADVOCATE)
AND :
1. SMT LAKKAVVA @ LACHAVVA W/O. FAKIRAPPA AMBIGER,
AGE: 61 YEARS, OCC: COOLIE,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
2. SRI SIDDAPPA S/O. BHIMAPPA UPPAR,
AGE:41 YEARS, OCC: BUSINESS,
R/O. BOCHABAL, TQ: RAMDURG,
DIST: BELGAUM.
3. THE ORIENTAL INSURANCE CO.LTD.,
204/E KANCHANJUNGA,
OPPOSITE PANCHASHEEL HOTEL,
S.T STAND ROAD KOLHAPUR,
MAHARASTRA-01,
REP. BY D.O., THE D.M, CLUB ROAD,
BELGAUM.
4. SRI ISHWARAYYA S/O. GURUSHANTAYYA HIREMATH,
AGE: 26 YEARS, OCC: BUSINESS,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
...RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 AND 2 -SERVED)
(BY SRI S.S.KOLIWAD, ADV. FOR RESPONDENT NO.3)
(BY SRI B.V.SOMAPUR, ADV. FOR RESPONDENT NO.4)
6
THIS MFA IS FILED U/S.173(1) OF M.V.ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31-10-2012 PASSED IN MVC
NO.645/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, RAMDURG, AWARDING COMPENSATION OF RS.9,000/-
WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF
FILING THE PETITION TILL REALISATION.
IN MFA.NO.23497/2013
BETWEEN
SHRIRAM GEN. INS. CO. LTD.,
3RD FLOOR, S-5, MONARCH CHAMBER,
SHIVAJI NAGAR, BANGALORE,
NOW REP. BY ITS AUTHORIZED SIGNATORY,
E-8, EPIP, RIICO, SITAPUR, JAIPUR,
RAJASTAN-302 022.
...APPELLANT
(BY SRI NAGARAJ C. KOLLOORI, ADVOCATE)
AND :
1. SMT MALLAVVA W/O. TIPPANNA AMBIGER,
AGE: 60 YEARS, OCC: COOLIE,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
2. SRI SIDDAPPA S/O. BHIMAPPA UPPAR,
AGE: MAJOR, OCC: BUSINESS,
R/O. BOCHABAL, TQ: RAMDURG,
DIST: BELGAUM.
3. THE ORIENTAL INSURANCE CO. LTD.,
204/E KANCHANJUNGA,
OPPOSITE PANCHASHEEL HOTEL,
S.T STAND ROAD KOLHAPUR,
MAHARASTRA-01,
REP. BY D.O., THE D.M, CLUB ROAD,
BELGAUM.
7
4. SRI ISHWARAYYA S/O. GURUSHANTAYYA HIREMATH,
AGE; MAJOR, OCC: BUSINESS,
R/O. HAMPIHOLI, TQ: RAMDURG,
DIST: BELGAUM.
...RESPONDENTS
(NOTICE TO RESPONDENT NOS.1 AND 2 -SERVED)
(BY SRI S.S.KOLIWAD, ADV. FOR RESPONDENT NO.3)
(BY SRI B.V.SOMAPUR, ADV. FOR RESPONDENT NO.4)
THIS MFA IS FILED U/S.173(1) OF M.V.ACT, AGAINST THE
JUDGMENT AND AWARD DATED 31-10-2012 PASSED IN MVC
NO.646/2012 ON THE FILE OF SENIOR CIVIL JUDGE AND ADDL.
MACT, RAMDURG, AWARDING COMPENSATION OF RS.8,000/-
WITH INTEREST AT THE RATE OF 9% P.A., FROM THE DATE OF
FILING THE PETITION TILL REALISATION.
THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY
THE COURT MADE THE FOLLOWING:
ORDER
In all these appeals the compensation awarded by the
Tribunal is less than `10,000/- and therefore the appeals
are not maintainable. Accordingly, the appeals are
dismissed as not maintainable.
The amount in deposit in all these appeals shall stand
transferred to the Tribunal for the purpose of disbursement.
Disposal of these appeals on the ground of
maintainability shall not come in the way of other appeals
filed by the insurer arising out of the very same accident
being considered on its merits.
Sd/-
JUDGE
CKK
