Karnataka High Court
The General Manager vs Jagannath S/O Govindappa Bisanal on 3 July, 2024
-1-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE VENKATESH NAIK T
M.F.A. NO.103913 OF 2018 C/W
M.F.A. NOS.103914, 103915, 103916, 103917, 103918,
103919, 103920, 103921, 103922, 103950, 103951, 103952,
103953, 103954, 103955, 103956, 103957, 103958 OF 2018
& M.F.A. NO.103959 OF 2018 (MV)
IN MFA NO. 103913 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
Digitally (BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
signed by
MANJANNA E
Location: AND
HIGH COURT
OF
KARNATAKA
1. SMT. IRAWWA W/O. SIDRAMAPPA HADAPAD
AGE: 38 YEARS, OCC: COOLIE,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. GANGADHAR S/O. SIDRAMAPPA HADAPAD,
AGE: 18 YEARS, OCC: STUDENT,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
3. KUMARI REKHA D/O. SIDRAMAPPA HADAPAD,
-2-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
AGE: 16 YEARS, OCC: STUDENT,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
(RESPONDENT NO.3 MINOR
REPRESENTED BY HER
NATURAL GUARDIAN MOTHER
SMT. IRAWWA HADAPAD).
4. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOTE, PIN CODE: 587201.
5. THE BRANCH MANAGER
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.
6. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. L. BATAKURKI, ADV. FOR R1 TO R3;
SRI. N. R. KUPPELUR, ADV. FOR R5;
NOTICE TO R6 SERVED;
NOTICE TO R4 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT,
PRAYING TO CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT &
AWARD DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.127/2015 & ETC.
IN MFA NO. 103914 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
-3-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. HANAMANT S/O. HANAMAPPA KAMATHAR
AGE: 56 YEARS, OCC: SUPERVISOR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI,
TQ: BADAMI, DIST: BAGALKOT,
PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE, PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.128/2015 & ETC.
-4-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
IN MFA NO. 103915 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. CH&RAPPA S/O. DUNDAPPA NEERALAKERI,
AGE: 46 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOTE,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
-5-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.129/2015 & ETC.
IN MFA NO. 103916 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. HANAMANT S/O. DUNDAPPA TALAWAR,
AGE: 55 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT,
PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
-6-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.130/2015 & ETC.
IN MFA NO. 103917 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. HANAMANT S/O. BHIMAPPA KENDUR,
AGE: 48 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
-7-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.131/2015 & ETC.
IN MFA NO. 103918 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. RANGAPPA S/O. YALLAPPA NAIKAR,
AGE: 38 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
-8-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT, PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOTE, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.132/2015 & ETC.
IN MFA NO. 103919 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
-9-
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
AND
1. RAMESH S/O. DUNDAPPA ANEGUDDI,
AGE: 38 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT,
PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.133/2015 & ETC.
IN MFA NO. 103920 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
- 10 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. BENNAPPAP S/O. GOVINDAPPA BISANAL,
AGE: 48 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT,
PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.134/2015 & ETC.
- 11 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
IN MFA NO. NO. 103921 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. JAGANNATH S/O. HANAMANT TALAWAR,
AGE: 21 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOTE, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT,
PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOTE, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
- 12 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.135/2015 & ETC.
IN MFA NO. 103922 OF 2018:
BETWEEN:
THE GENERAL MANAGER,
SHRIRAM GENERAL INS. COM LTD.,
THE REGINOAL MANAGER,
SHRIRAM GENERAL INSURANCE COM. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILDING,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGLAURU-560001,
REPRESENTED BY ITS AUTHORIZED SIGNATORY.
...APPELLANT
(BY SRI. NAGARAJ C. KOLLOORI, ADVOCATE)
AND
1. LAXMANI S/O. HANAMAPPA HULLIKERI,
AGE: 43 YEARS, OCC: LABOUR,
R/O: HIRESHELLIKER,
TQ & DIST: BAGALKOT,
PIN CODE: 587101.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: OWNER,
R/O: KERAKALMATTI, TQ: BADAMI,
DIST: BAGALKOT, PIN CODE: 587201.
3. THE BRANCH MANAGER,
UNITED INDIA INSURANCE COM LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOT,
PIN CODE: 587101.
4. VASANTKUMAR B. DAYAMA
AGE: 63 YEARS, OCC: OWNER OF LORRY,
R/O: C/O.TULAJABHAVANI ROADWAYS,
- 13 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
NEAR SHARADA LODGE BAGALKOT,
TQ & DIST: BAGALKOT, PIN CODE: 587101.
...RESPONDENTS
(BY SRI. N. R. KUPPELUR, ADV. FOR R3;
NOTICE TO R1 & R4 SERVED;
NOTICE TO R2 DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR RECORDS & TO SET ASIDE THE JUDGMENT & AWARD
DATED 11.07.2018 PASSED BY THE COURT OF THE MEMBER
M.A.C.T, NO.III BAGALKOT IN MVC NO.136/2015 & ETC.
IN MFA NO. 103950 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. SMT. IRAWWA W/O. SIDRAMAPPA HADAPAD,
AGE: 38 YEARS, OCC: COOLIE,
R/O. HIRESHELLIKER VILLAGE,
TQ & DIST:BAGALKOTE.
2. GANGADHAR S/O. SIDRAMAPPA HADAPAD,
AGE: 18 YEARS, OCC: STUDENT,
R/O. HIRESHELLIKER VILLAGE,
TQ & DIST:BAGALKOTE.
3. KUM. REKHA D/O. SIDRAMAPPA HADAPAD
AGE: 16 YEARS, OCC: STUDENT,
R/O. HIRESHELLIKER VILLAGE,
TQ & DIST:BAGALKOTE.
- 14 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
(REP. BY RESP.NO.1).
4. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE,
TQ: BADAMI, DIST: BAGALKOTE.
5. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC:BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGALKOTE,
TQ & DIST: BAGALKOTE.
6. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302,3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. N. L. BATAKURKI, ADV. FOR R1 TO R3;
SRI. NAGARAJ C. KOLLOORI, ADV. FOR R6;
NOTICE TO R4 & R5 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.127/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103951 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO.LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
- 15 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. HANAMANT S/O. HANAMAPPA KAMATHAR,
AGE: 56 YEARS, OCC: SUPERVISOR,
R/O. HIRESHELLIKER VILLAGE,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302,3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
NOTICE TO R1, R2 & R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.128/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103952 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
- 16 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. CH&RAPPA S/O. DUNDAPPA NEERALAKERI,
AGE: 46 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 & R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.129/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
- 17 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
IN MFA NO. 103953 OF 2018:
BETWEEN:
THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. HANAMANT S/O. DUNDAPPA TALAWAR,
AGE: 55 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.130/2015
- 18 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103954 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. HANAMANT S/O. BHIMAPPA KENDUR
AGE: 48 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
- 19 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.131/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103955 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. RANGAPPA S/O. YELLAPPA NAIKAR
AGE: 38 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST: BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD,
- 20 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.132/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103956 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. RAMESH S/O. DUNDAPPA ANEGUDDI
AGE: 38 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B DAYAMA
- 21 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST: BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.133/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103957 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. BENNAPPA S/O. GOVINDAPPA BISANAL,
AGE: 48 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST: BAGALKOTE.
- 22 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
NOTICE TO R1, R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.134/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103958 OF 2018:
BETWEEN:
THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
- 23 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
AND
1. JAGANNATH S/O. HANAMANT TALAWAR
AGE: 21 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.135/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
IN MFA NO. 103959 OF 2018:
BETWEEN:
THE BRANCH MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
MALLIKARJUN COTTON PRESSING FACTORY,
KALADAGI ROAD, BAGALKOTE.
- 24 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
REPRESENTED BY ITS DIVISIONAL OFFICE,
MARUTI GALLI, BELAGAVI,
BY ITS SR. DIVISIONAL MANAGER.
...APPELLANT
(BY SRI. N. R. KUPPELUR, ADVOCATE)
AND
1. LAXMAN S/O. HANAMAPPA HULLIKERI,
AGE: 43 YEARS, OCC: LABOURER,
R/O. HIRESHELLIKER VILLAGE-587204,
TQ & DIST:BAGALKOTE.
2. YANKAPPA S/O. HANAMAPPA KAMATHAR,
AGE: 59 YEARS, OCC: BUSINESS,
R/O. KERAKALMATTI VILLAGE-587201,
TQ: BADAMI, DIST: BAGALKOTE.
3. VASANTKUMAR B. DAYAMA,
AGE: 63 YEARS, OCC: BUSINESS,
R/O. TULAJABHAVANI ROADWAYS,
NEAR SHARADHA LODGE, BAGLKOTE,
TQ & DIST:BAGALKOTE-587102.
4. THE GENERAL MANAGER,
SHRIRAM GENERAL INSURANCE CO. LTD.,
NO.302, 3RD FLOOR, S & S COMER BUILD,
BOWRING & LADY CURZEN HOSPITAL,
SHIVAJI NAGAR, BENGALURU-560001.
...RESPONDENTS
(BY SRI. NAGARAJ C. KOLLOORI, ADV. FOR R4;
SRI. N. L. BATAKURKI, ADV. FOR R1;
NOTICE TO R2 AND R3 SERVED)
THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, PRAYING TO
CALL FOR THE RECORDS CONNECTED WITH IN MVC NO.136/2015
ON THE FILE OF THE MEMBER MACT NO.III, BAGALKOTE, & SET
ASIDE AWARD DATED 11-07-2018 AS AGAINST THE APPELLANT IN
THE INTEREST OF JUSTICE.
THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
- 25 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
COMMON JUDGMENT
1. As these appeals are arising out of common
judgment and award of the Tribunal, they are heard together
and disposed off by this common judgment.
2. M.F.A. Nos.103913, 103914, 103915, 103916,
103917, 103918, 103919, 103920, 103921, 103922 of 2018
are filed by the Shriram General Insurance Company Limited
challenging the judgment and award of the Tribunal with regard
to liability and also quantum of compensation, whereas M.F.A.
Nos.103950, 103951, 103952, 103953, 103954, 103955,
103956, 103957, 103958, 103959 of 2018 are filed by the
United India Insurance Company Limited seeking reduction of
the compensation and also the liability and quantum awarded
by the Tribunal in M.V.C. Nos.127 to 136 of 2015, dated
11.07.2018, on the file of the Member M.A.C.T. No.III,
Bagalakote, (for short, 'the Tribunal').
3. For the sake of convenience, the parties are
referred to as they are referred to in the claim petitions before
the Tribunal.
4. The brief facts of the cases of the claimants and
- 26 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
Insurance Companies in these appeals are as under:
On 01.06.2014, at about 07:45 p.m., When Sidramappa
Hadapad alongwith other claimants were proceeding in a
tumtum vehicle bearing registered No.KA-29/A-3884 from
Lokapur-Hireshellikeri village to return their houses, when they
came near Khajjidoni pool on Lokapur-Bagalkot road, at that
time, the driver of the above said vehicle drove the said vehicle
in a rash and negligent manner and dashed to the lorry bearing
registered No.KA-29/A-5264, which was parked at left side of
the road without putting any signals and caused the accident.
5. Due to the said impact, the inmates of the vehicle
were sustained grievous fractures injuries and Sidramappa
Hadapad, died on the way to hospital. Hence, the first
informant lodged the first information report. This led to
registration of FIR and investigation.
6. The legal representatives of the deceased
Sidramappa Hadapad and other claimants have filed their
petitions before the Tribunal. The Tribunal considering the oral
and documentary evidence at Exs.P1 to P46 and oral evidence
of P.Ws.1 to 10 and evidence of R.Ws.1 and 2 and at Exs.R1 to
R4 has awarded compensation in favour of claimants is as
- 27 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
under:
Sl. Amount Amount
M.V.C. Nos.
Nos. claimed Awarded
1 127/2015 Rs.15,00,000/- Rs.3,64,000/-
2 128/2015 Rs.9,00,000/- Rs.3,00,000/-
3 129/2015 Rs.9,00,000/- Rs.3,00,000/-
4 130/2015 Rs.9,00,000/- Rs.3,00,000/-
5 131/2015 Rs.9,00,000/- Rs.3,00,000/-
6 132/2015 Rs.3,50,000/- Rs.1,00,000/-
7 133/2015 Rs.3,50,000/- Rs.1,00,000/-
8 134/2015 Rs.3,50,000/- Rs.1,00,000/-
9 135/2015 Rs.5,00,000/- Rs.1,50,000/-
10 136/2015 Rs.5,00,000/- Rs.1,60,000/-
7. The Tribunal saddled the liability on United India
Insurance Company Limited to pay 80% of the award amount
to the claimants and saddled the liability on insurer of the lorry
i.e., Shriram General Insurance Company Limited to pay 20%
of the award amount to the claimants.
8. Being aggrieved by the judgment and award of the
Tribunal, the Insurer of tumtum vehicle and lorry filed these
appeals.
9. Heard learned counsel for the appellants and
learned counsel for the claimants in all the appeals.
10. Sri.Nagaraj C. Kolloori, learned counsel for insurer
of lorry, has contended that the lorry in question was parked by
the side of the road and not in the middle of the road as
- 28 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
contended by the claimants.
11. Learned counsel for insurer of the tumtum vehicle
submits that the driver of tumtum vehicle was not possessing
valid and effective driving licence, perhaps, this was led to
negligence and hence, the accident was occurred. Learned
counsel further submits that the liability fixed by the Tribunal at
20% is not in accordance with law. In fact, the entire liability
was to be fixed on the owner of the tumtum vehicle. Hence, he
prays to allow the appeals filed by the insurer of the lorry.
12. Miss.Vinaya Kuppellur, learned counsel for insurer
of tumtum vehicle vehemently contended that since lorry was
parked in the middle of the road, it was hindrance to the other
vehicles. Therefore, this accident had occurred. There is
involvement of two vehicles and the driver of lorry also
contributed negligence. The driver of the tumtum vehicle was
not possessing valid and effective driving licence. All the
claimants including deceased Sidramappa Hadapad were
unauthorized passengers in the tumtum. Hence, the owner of
tumtum vehicle has violated the policy conditions. Therefore,
the insurer is not liable to indemnify the owner of tumtum
vehicle.
- 29 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
13. Learned counsel for insurer of tumtum vehicle fairly
submitted that if this Court comes to the conclusion that there
is contributory negligence by the driver of both lorry and
tumtum vehicle, under such circumstances, 50% liability may
be saddled on both Insurance Companies.
14. In support of the contention of the learned counsel
for the appellants, they relied upon the decision of the co-
ordinate Bench of this Court in M.F.A. No.2434/2014 dated
17.09.2019.
15. Sri.N.L.Batakurki, learned counsel for claimants
submitted that the Tribunal has rightly saddled the liability on
both insurance companies and the principle of pay and recovery
would not arise in this case. In support of his contention, he
relied upon the decision in the case of Manuara Khatun and
others vs. Rajesj Kr. Singh and others1.
16. Learned counsel further submitted that if this Court
comes to the conclusion that if there was a violation of policy
conditions in respect of tumtum Vehicle, under such
circumstance, the principle of pay and recovery method be
invoked.
1
(2017) 4 SCC 796
- 30 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
17. Heard leaned counsel appearing for the claimants
and learned counsels appearing for the insurance companies
and perused the judgment and award of the Tribunal.
18. In view of the contentions urged by both the
parties, the following points that would arise for Court's
consideration are as follows:
1 "Whether the appellant - insurer and tumtum
vehicle proved that the driver of tumtum vehicle
was not holding valid and effective driving licence
and the deceased and all the claimants were
unauthorized passengers in the vehicle, thereby,
there was a breach of policy conditions and hence,
it is not liable?
2 Whether the insurer of tumtum vehicle proved
that, the driver of lorry parked the vehicle in the
middle of road, as such, he also equally
contributed negligence?
3 Whether the insurer of lorry has made out
sufficient grounds that, the driver of tumtum
vehicle was not holding valid driving licence, who
caused entire accident, as such, it is not liable to
pay any compensation?
4 Whether the quantum of compensation awarded
by the Tribunal in all claim petitions is just and
reasonable or does it call for enhancement of
- 31 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
compensation or reduction?"
19. The insurer of lorry has taken up contention that
the appellants filed these appeals challenging the quantum of
compensation and liability. The accident was occurred between
two vehicles and there was no negligence on the part of the
lorry, even though contributory negligence is fixed by
investigating officer. Hence, the learned counsel prayed that
the cases are liable to be re-assessed and liability saddled on
the insurer of lorry be shifted to insurer of tumtum vehicle.
20. Further, the insurer of tumtum vehicle contended
that in all 12 unauthorized passengers were travelled in a
tumtum goods vehicle, who were travelled after attending their
coolie work at "Baburao Minerals Factory", the deceased and
other claimants were not engaged as coolies in the tumtum
goods Vehicle. Therefore, the findings of the Tribunal insofar as
liability is concerned, is perverse and illegal. The Tribunal has
committed an error in not considering the fact that, neither the
policy as per Ex.R.1 nor under Section 147 of the Motor
Vehicles Act, 1988 (for short, 'the M.V. Act') as contemplates
coverage to be unauthorized passenger in the goods vehicle.
- 32 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
Hence, there is clear violation of policy conditions and non-
coverage of unauthorized passenger in the goods vehicle.
Furthermore, the driver of the tumtum Vehicle did not
possessing valid and effective driving license to drove the
tumtum Vehicle.
21. In order to establish the contention of learned
counsel for the insurance companies, R.Ws.1 and 2 were
examined and Exs.R1 to R4 were got marked.
22. From perusal of the oral and documentary evidence
on record, it establishes that on 01.06.2014 at about 07:45
p.m., the lorry bearing registered No.KA-29/A-5264 was parked
in the left side of the road. At that time, the driver of tumtum
vehicle, who was carrying the Sidramappa Hadapad and other
claimants, drove the same in a rash and negligent manner and
dashed to the lorry. Due to the said impact, these claimants
and deceased Sidramappa Hadapad were sustained injuries.
23. From perusal of the FIR, complaint, spot sketch,
spot mahazar and contents of charge sheet etc., reveals that
the investigating officer has made the driver of lorry as well as
tumtum vehicle as accused, as they contributed the accident.
24. From the contents of para 17 of the charge sheet, it
- 33 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
clearly establishes that the driver of the lorry parked the
vehicle left side of the road and it can be seen from the spot
sketch, lorry was parked without applying any signal. The
claimants have produced Exs.P1 - FIR, P2 - complaint, P3 -
charge sheet, P4 - spot panchnama, P5 - inquest panchanama,
P6 - postmortem report and P7 - MVI Report, to state that the
lorry was parked without any parking lights and without any
signals on the road. Hence, it is just and necessary to analyze
Section 122 of the M.V. Act.
25. Section 122 of the M.V. Act reads as under:
"No person in charge of a motor vehicle shall cause or
allow the vehicle or any trailer to be abandoned or to
remain at rest on any public place in such a position or
in such a condition or in such circumstances as to
cause or likely to cause danger, obstruction or undue
inconvenience to other users of the public place or to
the passengers."
26. From careful reading of the above proposition of
law, it would make it clear that, no person in charge of a motor
vehicle shall abandoned or park the vehicle so as to cause or
likely to cause danger, obstruction or undue inconvenience to
other users of the public place or to the passengers.
- 34 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
27. In the case on hand, there is dispute as to parking
of the lorry on the road without indicator or parking lights. The
accident was occurred at about 07:45 p.m. during night. It is
not the case of the insurer of lorry that the lorry was parked in
footpath abutting to the road, but there is no material to
indicate that the lorry was parked on the footpath.
28. On the other hand, the materials produced by the
claimants at Ex.P4 - spot panchanama would indicate that the
lorry was parked on the road. Hence, learned counsel for the
insurer of tumtum vehicle relied upon the judgment of co-
ordinate Bench of this Court in M.F.A. No.2434/2014 dated
17.09.2019. The Hon'ble Apex Court in the case of Archit
Saini and another vs. Oriental Insurance Company
Limited and others2, has held that a driver of parked lorry
alone is to be blamed for parking the said lorry without any
indication or signal for other road users. Therefore, the vehicle
is parked negligently on the National Highway, the person
dashed against the said vehicle cannot be held liable for
contributory negligence.
29. In this case, no contrary materials are placed
2
(2018) 3 SCC 365
- 35 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
before the Tribunal or before this Court by the insurer. The
insurer has not examined either the driver or cleaner of the
offending lorry. It shows that the driver of the lorry contributed
the negligence. In M.F.A. No.2434/2014, the co-ordinate Bench
of this Court considering the ratio laid down in the case of
Archit Saini (supra) saddled 100% liability on the offending
lorry which was parked on the road. Whereas, in the instant
case, the Tribunal saddled the responsibility on the insurer of
the lorry at 20%.
30. Admittedly, the claimants were passenger of
tumtum vehicle has not produced driving license of driver of
the said vehicle. Perusal of oral and documentary evidence on
record, all the claimants and deceased Sidramappa Hadapad,
were travelling as passenger. The seating capacity of said
vehicle is 1+4. But more than five passengers were travelled.
They are to be treated as unauthorized passenger. Therefore,
the driver of the tumtum vehicle was negligently drove the
same and therefore, 75% of negligence shall be saddled on the
driver/owner of the tumtum vehicle and 25% of negligence
saddled on driver of the lorry.
- 36 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
31. So far as violation of policy condition is concerned,
insurer of tumtum vehicle submits that the Tribunal has
erroneously fastened the liability on the insurer of the tumtum
vehicle, having regard to the fact that the claimants and
deceased Sidramappa Hadpad were travelling as unauthorized
passengers, as on the date of the accident. Therefore, the
Tribunal ought to have attributed negligence on the owners of
the parked lorry and tumtum vehicle. It is not in dispute that
as on the date of accident, the claimants and deceased
Sidramappa Hadpad were returning to their village after
attending their work and they were not gratuitous passengers.
It shows that, the owner of the tumtum vehicle has violated
policy condition.
32. In the case of Mukund Dewangan vs. Oriental
Insurance Company Limited and others3, the Hon'ble Apex
Court held that, the insurer is liable to pay compensation on
account of negligence caused by the driver of the offending
vehicle in view of pay and recovery principle as held by the
Hon'ble Apex Court in the case of National Insurance
3
(2016) 4 SCC 298
- 37 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
Company Limited vs. Swarn Singh and others4 and also in
the case of Rani and others vs. National Insurance
Company Limited and others5.
33. In view of the ratio laid down in the aforesaid
decisions and the facts and circumstances of the present cases,
the insurer of tumtum vehicle to first pay compensation
amount to the claimants with liberty to recover the same from
the owner of the tumtum vehicle, particularly the liability
saddled on it at 75%. Further, insurer of the lorry is liable to
pay 25% of the compensation amount to the claimants.
34. After hearing the learned counsel for the parties
and after perusal of the judgment and award of the Tribunal, I
am of the view that the compensation awarded by the Tribunal
is not just and reasonable, it is on the lower side and hence, it
requires to be enhanced in M.V.C. No.127/2015 and so far as
other cases are concerned, it is on higher side and hence, it
requires to be reduced.
4
(2004) 3 SCC 297
5
(2018 8 SCC 492
- 38 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
35. In M.F.A. Nos.103913 and 103950 of 2018 (M.V.C.
No.127/2015), prior to the accident, deceased Siddaramappa
Hadapad was aged about 48 years and he was hale and healthy
and was working as labour in Baburao Minerals and was getting
monthly income of Rs.10,000/-. Due to the accident, the
claimants suffered mental agony and financial loss. In order to
substantiate the income of the deceased Sidramappa Hadpad,
no document has been placed by the claimants. The accident is
of the year 2014 and the notional income would be assessed at
Rs.7,500/-. The Tribunal without any basis and reasoning has
held the income of the deceased at Rs.1,500/- per month,
which is on the lower side, same is not proper. As per the
principles of law laid down by the Hon'ble Apex Court in the
case of National Insurance Company Limited vs. Pranay
Sethi and others6, 25% of the income is to be added towards
future prospects. There are three dependants on the deceased.
Therefore, 1/3rd of earning would be deducted towards his
personal and living expenses. The deceased was aged about 48
years at the time of accident. Therefore, the appropriate
multiplier applicable as per judgment of the Hon'ble Supreme
6
(2017) 16 SCC 680
- 39 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
Court in the case of Sarla Verma (SMT) and others vs.
Delhi Transport Corporation and another7 is "13".
Therefore, the compensation under the head of loss of
dependency alongwith future prospects in life is recalculated
i.e., Rs.7,500/- is assessed as notional income, having regard
to the chart prepared by the Karnataka State Legal Services
Authority, in the absence of proof of income. Thus, the notional
income of the deceased is taken at Rs.7,500/- per month
instead of Rs.6,000/- per month, as taken by the Tribunal.
Thus, loss of dependency worked out as follows:
(Rs.7,500/- + 25% - 1/3rd X 12 X 13 = Rs.9,75,000/-)
36. Accordingly, a sum of Rs.9,75,000/- is awarded
under the head loss of dependency.
37. The Tribunal has committed an error under the
head loss of consortium, loss of love and affection. Therefore,
as per the judgment of the Hon'ble Apex Court in the case of
Magma and Pranay Sethi (supra), three claimants are
entitled to Rs.48,000/- each under the head loss of consortium
7
(2009) 6 SCC 121
- 40 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
with 20% escalation (10% once in three years). Accordingly, a
sum of Rs.1,44,000/- (Rs.48,000/- X 3) is awarded under the
head loss of consortium, as against Rs.1,00,000/- awarded
by the Tribunal. Further a compensation of Rs.18,000/- each is
awarded under the head loss of love and affection and
funeral expenses with 20% escalation. Therefore, a sum of
Rs.36,000/- (Rs.18,000/- X 2) is awarded towards loss of
estate and food and nourishment, transportation etc.
38. Thus, in all, the claimants in M.V.C. No.127/2015
are entitled for enhanced compensation as under:
Loss of dependency Rs.9,75,000/-
Loss of consortium Rs.1,44,000/-
Loss of estate Rs.18,000/-
Food, nourishment, transportation etc. Rs.18,000/-
Total Rs.11,55,000/-
Less: compensation awarded by Tribunal Rs.3,64,000/-
Enhanced compensation Rs.7,91,000/-
39. In M.F.A. Nos.103914 and 103951 of 2018 (M.V.C.
No.128/2015), the Tribunal awarded a sum of Rs.50,000/-
towards pain, shock and mental agony, considering the
grievous injuries, fracture of proximity 2nd and 3rd and 5th
- 41 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
finger and no operation has been conducted in respect of
injuries sustained by the claimant. The Tribunal without
considering the injuries sustained by the claimant, awarded a
sum of Rs.50,000/- which is not reasonable one. In fact,
claimant sustained in all four grievous injuries and a simple
injury. As per settled law, for one grievous injury, claimant is
entitled for Rs.40,000/- and for additional fracture, he is
entitled for Rs.10,000/- each and for simple injury Rs.5,000/-.
In all claimant is entitled to a sum of Rs.75,000/- under the
head pain and suffering. The Tribunal awarded a sum of
Rs.1,50,000/- for the injuries sustained in the accident in the
absence of disability certificate, viz., the global compensation,
which is not permissible in the absence of any material
particulars. Further, the claimant has not furnished any
disability certificate and he has not examined any Doctor. The
Tribunal awarded a sum of Rs.80,000/- towards medical
expenses, in the absence of any medical bills. The Tribunal
awarded a sum of Rs.20,000/- towards food, nourishment and
attendant charges and conveyance etc., which is not
reasonable one. Hence, an additional sum of Rs.10,000/- is
awarded. Accordingly, a sum of Rs.30,000/- is awarded
- 42 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
towards food, nourishment and attendant charges and
conveyance etc. The Tribunal has not awarded any
compensation under the head loss of amenities. Hence, a sum
of Rs.30,000/- is awarded towards loss of amenities. The
Tribunal has not awarded any compensation under the head
loss of income during laid up period. Hence, a sum of
Rs.22,500/- is awarded towards loss of income during laid
up period, considering the income of the claimant at
Rs.7,500/- X 3. Accordingly, the claimant is entitled for the
compensation as under:
Pain and sufferings Rs.75,000/-
food, nourishment and attendant charges Rs.30,000/-
and conveyance etc.
Loss of amenities Rs.30,000/-
Loss of income during laid up period Rs.22,500/-
(Rs.7,500/- X 3)
Total Rs.1,57,500/-
40. In M.F.A. Nos.103915 and 103951 of 2018 (M.V.C.
No.129/2015), the Tribunal considering the two fractures
awarded a sum of Rs.50,000/- under the head pain, shock and
mental agony which is not reasonable one. In fact, the claimant
sustained three fractures and has undergone operation and he
- 43 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
was admitted as an in-patient in the hospital for nine days.
Hence, a sum of Rs.60,000/- is awarded towards pain and
sufferings. The Tribunal awarded a sum of Rs.1,50,000/- for
the injuries sustained in the accident in the absence of
disability certificate, viz., the global compensation, which is not
permissible in the absence of any material particulars. Further,
the claimant has not furnished any disability certificate and he
has not examined any Doctor. Further, the Tribunal awarded a
sum of Rs.80,000/- towards medical expenses, in the absence
of any medical bills. The Tribunal awarded a sum of
Rs.20,000/- towards food, nourishment and attendant charges
and conveyance etc., which is not reasonable one. Hence, an
additional sum of Rs.10,000/- is awarded. Accordingly, a sum
of Rs.30,000/- is awarded towards food, nourishment and
attendant charges and conveyance etc. The Tribunal has
not awarded any compensation under the head loss of
amenities. Hence, a sum of Rs.30,000/- is awarded towards
loss of amenities. The Tribunal has not awarded any
compensation under the head loss of income during laid up
period. Hence, a sum of Rs.22,500/- is awarded towards loss
of income during laid up period, considering the income of
- 44 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
the claimant at Rs.7,500/- X 3. Accordingly, claimant is entitled
for compensation as under:
Pain and sufferings Rs.60,000/-
food, nourishment and attendant charges Rs.30,000/-
and conveyance etc.
Loss of amenities Rs.30,000/-
Loss of income during laid up period Rs.22,500/-
(Rs.7,500/- X 3)
Total Rs.1,42,500/-
41. In M.F.A. Nos.103916 and 103653 of 2018 (M.V.C.
No.130/2015), the Tribunal awarded a sum of Rs.50,000/-
towards pain, shock and mental agony considering two
grievous injuries sustained by the claimant which is reasonable
one. The Tribunal awarded a sum of Rs.1,50,000/- for the
injuries sustained in the accident in the absence of disability
certificate, the global compensation, which is not permissible in
the absence of any material particulars. Further, the claimant
has not furnished any disability certificate and he has not
examined any Doctor. The Tribunal awarded a sum of
Rs.80,000/- towards medical expenses, in the absence of any
medical bills. The Tribunal awarded a sum of Rs.20,000/-
towards food, nourishment and attendant charges and
- 45 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
conveyance etc., which is not reasonable one. Hence, an
additional sum of Rs.10,000/- is awarded. Accordingly, a sum
of Rs.30,000/- is awarded towards food, nourishment and
attendant charges and conveyance etc. The Tribunal has
not awarded any compensation under the head loss of
amenities. Hence, a sum of Rs.30,000/- is awarded towards
loss of amenities. The Tribunal has not awarded any
compensation under the head loss of income during laid up
period. Hence, a sum of Rs.22,500/- is awarded towards loss
of income during laid up period, considering the income of
the claimant at Rs.7,500/- X 3. Accordingly, the claimant is
entitled for the compensation as under:
Pain and sufferings Rs.50,000/-
food, nourishment and attendant charges Rs.30,000/-
and conveyance etc.
Loss of amenities Rs.30,000/-
Loss of income during laid up period Rs.22,500/-
(Rs.7,500/- X 3)
Total Rs.1,32,500/-
42. In M.F.A. Nos.103917 and 103954 of 2018 (M.V.C.
No.131/2015), the Tribunal awarded a sum of Rs.45,000/-
towards pain, shock and mental agony. From the perusal of the
- 46 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
Ex.P14 wound certificate, the claimant sustained a fracture and
simple injury. Hence, the compensation awarded under this
head is on higher side. Accordingly, he is entitled to a sum of
Rs.40,000/- towards a grievous injury and Rs.5,000/- towards
simple injury. In all, he is entitled to a sum of Rs.45,000/-
towards pain and sufferings. The Tribunal awarded a sum of
Rs.1,50,000/- for the injuries sustained in the accident in the
absence of disability certificate, the global compensation, which
is not permissible in the absence of any material particulars.
Further, the claimant has not furnished any disability certificate
and he has not examined any Doctor. Further, the Tribunal
awarded a sum of Rs.80,000/- towards medical expenses, in
the absence of any medical bills. The Tribunal awarded a sum
of Rs.20,000/- towards food, nourishment and attendant
charges and conveyance etc., which is not reasonable one.
Hence, an additional sum of Rs.10,000/- is awarded.
Accordingly, a sum of Rs.30,000/- is awarded towards food,
nourishment and attendant charges and conveyance etc.
The Tribunal has not awarded any compensation under the
head loss of amenities. Hence, a sum of Rs.30,000/- is
awarded towards loss of amenities. The Tribunal has not
- 47 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
awarded any compensation under the head loss of income
during laid up period. Hence, a sum of Rs.22,500/- is
awarded towards loss of income during laid up period,
considering the income of the claimant at Rs.7,500/- X 3.
Accordingly, the claimant is entitled for the compensation as
under:
Pain and sufferings Rs.45,000/-
food, nourishment and attendant charges Rs.30,000/-
and conveyance etc.
Loss of amenities Rs.30,000/-
Loss of income during laid up period Rs.22,500/-
(Rs.7,500/- X 3)
Total Rs.1,27,500/-
43. In M.F.A. Nos.103918 and 103955 of 2018 (M.V.C.
No.132/2015), the Tribunal has globally awarded a sum of
Rs.1,00,000/- to the claimant which is on higher side and
exorbitant. From perusal of the wound certificate Ex.P16, the
claimant has sustained a simple injury and considering the
nature of injury, a sum of Rs.25,000/- towards pain and
suffering which is just and proper. Accordingly, the claimant in
all, is entitled to a sum of Rs.25,000/- as global
compensation.
- 48 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
44. Whereas, the Tribunal has globally awarded a sum
of Rs.1,00,000/- to the claimants in M.F.A. Nos.103919 and
103956 of 2018 (M.V.C. No.133/2015) and also Rs.1,00,000/-
to the claimants in M.F.A. Nos.103920 and 103957 of 2018
(M.V.C. No.134/2015) in the absence of any material records
or disability certificates, which are on higher side and
exorbitant. However, if a sum of Rs.25,000/- is awarded, the
same would just and reasonable. Accordingly, the claimants in
all, are entitled to a global sum of Rs.25,000/- in both the
cases i.e., M.V.C. Nos.133/2015 and 134/2015 instead of
Rs.1,00,000/-.
45. In M.F.A. Nos.103921 and 103958 of 2018 (M.V.C.
No.135/2015), the Tribunal awarded a sum of Rs.20,000/-
towards pain, shock and mental agony. As per Ex.P19, the
claimant sustained two simple injuries and admitted in the
hospital on 01.06.2014 and was discharged on 04.06.2014.
Considering the nature of injuries sustained by the claimant, if
globally a sum of Rs.75,000/- is awarded, it would be just and
reasonable. Accordingly, the claimant is entitled to a sum of
Rs.75,000/- globally.
- 49 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
46. In M.F.A. Nos.103922 and 103959 of 2018 (M.V.C.
No.136/2015), the Tribunal awarded a sum of Rs.20,000/-
towards pain, shock and mental agony. From the perusal of the
material records, if a sum of 30,000/- is awarded, it would be
just and reasonable. Accordingly, a sum of Rs.30,000/- is
awarded under the head pain and sufferings. Further, the
Tribunal awarded a sum of Rs.80,000/- towards injuries
sustained in the accident in the absence of disability certificate,
as global compensation, which is not permissible in the
absence of any material particulars. Further, the claimant has
not furnished any disability certificate and he has not examined
any Doctor. The Tribunal has awarded a sum of Rs.20,000/-
towards medical expenses and that is also not permissible in
the absence of any medical bills. Further, the Tribunal has
awarded a sum of Rs.10,000/- towards food, nourishment and
attendant charges and conveyance etc., which is not
reasonable one. Hence, an additional sum of Rs.10,000/- is
awarded. Accordingly, a sum of Rs.20,000/- is awarded
towards food, nourishment and attendant charges and
conveyance etc. The Tribunal has not awarded any
compensation under the head loss of amenities. Hence, a sum
- 50 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
& MFA No.103959 of 2018
of Rs.30,000/- is awarded towards loss of amenities.
Accordingly, the claimant is entitled for the compensation as
under:
Pain and sufferings Rs.30,000/-
food, nourishment and attendant charges and Rs.20,000/-
conveyance etc.
Loss of amenities Rs.30,000/-
Total Rs.80,000/-
47. Accordingly, I pass the following:
ORDER
(i) Appeals are partly allowed.
(ii) The common judgment and award dated
11.07.2018 passed by the Member M.A.C.T.
No.III, Bagalakote in M.V.C. Nos.127/2015 to
136/2015 is modified to the extent stated
above.
(iii) The claimants in M.F.A. Nos.103913 and
103950 of 2018 (M.V.C. No.127/2015) are
entitled to an enhanced compensation of
Rs.7,91,000/-.
(iv) The claimant in M.F.A. Nos.103914 and 103951
of 2018 (M.V.C. No.128/2015) is entitled to a
sum of Rs.1,57,500/- as against Rs.3,00,000/-.
- 51 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
(v) The claimant in M.F.A. Nos.103915 and 103951
of 2018 (M.V.C. No.129/2015) is entitled to a
sum of Rs.1,42,500/- as against Rs.3,00,000/-.
(vi) The claimant in M.F.A. Nos.103916 and 103953
of 2018 (M.V.C. No.130/2015) is entitled to a
sum of Rs.1,32,500/- as against Rs.3,00,000/-.
(vii) The claimant in M.F.A. Nos.103917 and 103954
of 2018 (M.V.C. No.131/2015) is entitled to a
sum of Rs.1,27,500/- as against Rs.3,00,000/-.
(viii) The claimant in M.F.A. Nos.103918 and 103955
of 2018 (M.V.C. No.132/2015) is entitled to a
sum of Rs.25,000/- as against Rs.1,00,000/-.
(ix) The claimant in M.F.A. Nos.103919 and 103956
of 2018 (M.V.C. No.133/2015) is entitled to a
sum of Rs.25,000/- as against Rs.1,00,000/-.
(x) The claimant in M.F.A. Nos.103920 and 103957
of 2018 (M.V.C. No.134/2015) is entitled to a
sum of Rs.25,000/- as against Rs.1,00,000/-.
(xi) The claimant in M.F.A. Nos.103921 and 103958
of 2018 (M.V.C. No.135/2015) is entitled to a
sum of Rs.75,000/- as against Rs.1,50,000/-.
- 52 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
(xii) The claimant in M.F.A. Nos.103922 and 103959
of 2018 (M.V.C. No.136/2015) is entitled to a
sum of Rs.80,000/- as against Rs.1,60,000/-.
(xiii) Shriram General Insurance Company Limited
and United India Insurance Company Limited
are directed to pay the compensation at the
ratio of 25 : 75 of the total compensation
alongwith interest at the rate of 6% per annum
from the date of petition till realization to the
claimants.
(xiv) The Insurance Companies are directed to
deposit the compensation amount within a
period of four weeks from the date of receipt of
copy of this judgment.
(xv) The United India Insurance Company to first
pay compensation to the claimants and to
recover from the owner of the tumtum vehicle
under the principle pay and recovery.
(xvi) The order of apportionment and deposit, shall
be made as per the order of the Tribunal.
(xvii) The amount in deposit by the Insurance
Companies before this Court, if any, be
transmitted to the Tribunal within a period of
three weeks from today.
- 53 -
NC: 2024:KHC-D:9116
MFA No.103913 of 2018 C/W MFA Nos.103914,
103915, 103916, 103917, 103918, 103919, 103920,
103921, 103922, 103950, 103951, 103952, 103953,
103954, 103955, 103956, 103957, 103958 of 2018
(xviii) Draw the modified award accordingly.
(xix) Registry is directed to transmit a copy of this
judgment to the concerned Court forthwith.
(xx) No order as to costs.
Sd/-
JUDGE
AC/RSH/ct-an
