Karnataka High Court
Gangubai W/O Gopal Tarihalkar vs Apsar M Husensab on 5 February, 2024
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2024:KHC-D:2480
MFA.CROB No. 965 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MFA CROSS OBJ NO.965 OF 2013 (MV)
BETWEEN:
1. SMT. GANGUBAI
W/O. GOPAL TARIHALKAR,
AGED ABOUT 50 YEARS,
2. SMT. RENUKA
W/O. YALLAPPA TARIHALKAR,
AGED ABOUT 27 YEARS,
3. KUMAR. KIRAN
S/O. YALLAPPA TARIHALKAR,
AGED ABOUT 11 YEARS,
(MINOR REPRESENTED BY R2)
4. KUMAR. PRASHANT
Digitally
signed by S/O. YALLAPPA TARIHALKAR,
SAMREEN
SAMREEN AYUB
DESHNUR
AGED ABOUT 08 YEARS,
AYUB
DESHNUR Date:
2024.02.15
(MINOR REPRESENTED BY R2)
13:29:22
+0530
5. KUMAR. MANOJ
S/O. YALLAPPA TARIHALKAR,
AGED ABOUT 05 YEARS,
(MINOR REPRESENTED BY R2)
ALL ARE RESIDENTS OF NAVIHIND GALLI,
DHAMANE, TQ & DIST: BELAGAVI.
...CROSS OBJECTORS
(BY SRI. SANTOSH B.MANE, ADVOCATE)
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NC: 2024:KHC-D:2480
MFA.CROB No. 965 of 2013
AND:
1. SRI. APSAR M.HUSENSAB,
S/O. MOHAMMAD HUSENSAB
AGED MAJOR, OCC: BUSINESS,
R/O. WARD NO. 6, KHADARIA COLONY,
SHINDOOR, BELAGAVI DISTRICT.
2. SHRIRAM GENERAL INSURANCE CO. LTD.,
THROUGH DIVISIONAL MANAGER,
E-8, EPPIP, RIICO, SITAPUR, JAIPUR,
RAJASTHAN-302022.
...RESPONDENTS
(BY SRI. NAGARAJ C.KOLLOORI, ADVOCATE FOR R2;
R1 DISPENSED WITH)
THIS MFA CROB IN MFA No.25353/2012 IS FILED UNDER
ORDER 41 RULE 22 OF CPC., AGAINST THE JUDGMENT AND
AWARD DATED 06.08.2012 PASSED IN MVC No.85/2011 ON
THE FILE OF THE PRESIDING OFFICER FAST TRACK COURT-III
AND ADDITIONAL MACT, BELAGAVI, PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
THIS MFA CROB, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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MFA.CROB No. 965 of 2013
JUDGMENT
Though the matter is listed for orders, by consent of
parties, matter is taken up for final disposal.
2. Heard Shri. Santosh B. Mane, learned counsel for
appellants and Shri. Nagaraj C. Kolloori, learned counsel for
respondent No.2.
3. Claimants appeal challenging the quantum of
compensation passed in MVC No.85/2011 on the file of
Additional MACT, Belagavi, dated 06.08.2012.
4. Facts in brief for disposal of the appeal are as
under:
4.1. Claim petition came to be filed under Section 163A
of the Motor Vehicles Act, 1988 (for short the 'M.V.Act'), by the
dependants of the pillion rider by name Yallappa Tarihalkar of
the motor cycle bearing registration No.KA-22/W-9874. The
said two wheeler met in a road traffic accident occurred on
14.10.2010 involving Truck bearing registration No.MH-29/M-
738.
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5. Admitted facts are that the pillion rider lost his life
in the said road traffic accident. Smt. Gangubai being the
mother, Smt. Renuka being the wife, Kiran, Prashant and
Manoj being the minor children of Yallappa, laid a claim.
6. Claim petition on contest came to be allowed in part
by awarding compensation in a sum of Rs.4,52,400/-.
7. Since the petition is under Section 163A of the
M.V.Act, the question of negligence looses its significance in the
matter and the amount of compensation awarded is as per the
II Schedule of the M.V. Act.
8. However, the Tribunal has granted the
compensation with interest at the rate of 8% per annum from
the date of petition till its realization which is also not
contemplated under the schedule nevertheless, since the
appeal filed by the Insurance Company in M.F.A.
No.25353/2012 came to be rejected, there is no scope for
modification of quantum of compensation.
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9. Accordingly, the following order is passed:
ORDER
(i) Appeal is merit less and hereby dismissed.
(ii) No order as to costs.
Sd/-
JUDGE
SMM
