Karnataka High Court
Divisional Manager vs Isidhore Mascarenhas on 20 August, 2025
-1-
NC: 2025:KHC:32325-DB
MFA No. 9536 of 2012
C/W MFA No. 9872 of 2011
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO. 9536 OF 2012
(MV-D)
C/W
MISCELLANEOUS FIRST APPEAL NO. 9872 OF 2011
IN MFA No. 9536/2012:
BETWEEN:
1. ISIDHORE MASCARENHAS
AGED ABOUT 56 YEARS,
S/O LATE AUGUSTINE MASCARENHAS
Digitally 2. JACINTHA MASCARENHAS
signed by
VASANTHA AGED ABOUT 52 YEARS,
KUMARY B K W/O ISIDHORE MASCARENHAS
Location:
HIGH
COURT OF
KARNATAKA BOTH ARE R/AT ASHIRVAD HOUSE,
NEAR SACRED HEART CONVENT,
SHANKARAPURA VILLAGE AND POST,
UDUPI TALUK
...APPELLANTS
(BY SMT. HALEEMA AMEEN, ADVOCATE FOR
SRI. ASHOK KUMAR SHETTY K., ADVOCATE)
AND:
1. P M NARAYANA
AGED ABOUT 47 YEARS,
-2-
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MFA No. 9536 of 2012
C/W MFA No. 9872 of 2011
HC-KAR
S/O LATE. SUBBA POOJARY,
M/S. NISHMITHA MOTORS,
NEAR BUS STAND, MAIN ROAD,
MOODABIDRI, MANGALORE TALUK
2. THE DIVISIONAL MANAGER
THE NATIONAL INSURANCE CO.LTD
DIVISIONAL OFFICE, UDUPI
...RESPONDENTS
(BY SRI. A N KRISHNASWAMY, ADVOCATE FOR R-2;
VIDE ORDER DATED:5/12/2013, NOTICE TO R-1 IS
DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 29.07.2011
PASSED IN MVC NO.1393/2008 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, MACT, UDUPI, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 9872/2011:
BETWEEN:
1. DIVISIONAL MANAGER
NATIONAL INSURANCE CO. LTD.
DIVISIONAL OFFICE, UDUPI,
NOW REP BY ITS REGIONAL MANAGER
NATIONAL INSURANCE CO LTD,
REGIONAL OFFICER, SUBHARAM COMPLEX,
144 M G ROAD, BANGALORE-560001.
..APPELLANT
(BY SRI. A N KRISHNA SWAMY., ADVOCATE)
AND:
1. ISIDHORE MASCARENHAS
S/O LATE AUGUSTINE MASCARENHAS
AGED ABOUT 55
2. SMT JACINTHA MASCARENHAS
-3-
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MFA No. 9536 of 2012
C/W MFA No. 9872 of 2011
HC-KAR
W/O ISIDHORE MASCARENHAS
AGED ABOUT 51 YEARS
BOTH ARE R/O ASHIRVAD HOUSE,
NEAR SACRED HEART CONVENT, SHANKARAPURA
VILLAGE & POST, UDUPI TALUK
3. P M NARAYANA
S/O LATE SUBBA POOJARY
AGED ABOUT 46 YEARS
M/S NISHMITHA MOTORS,
NEAR BUS STAND MAIN ROAD, MOODABIDRI,
MANGALORE TALUK.
...RESPONDENTS
(BY MS. PRASANNA.K, ADVOCATE FOR
SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R-3;
VIDE ORDER DATED;28.10.2015, NOTICE TO R-1 &
R-2 PAPER PUBLICATION IS ACCEPTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:29.07.2011
PASSED IN MVC NO.1393/2008 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, MACT, UDUPI, AWARDING
A COMPENSATION OF Rs.3,08,500/- WITH INTEREST FROM
THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE VENKATESH NAIK T
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)
1. Heard learned counsel for the appellants and learned
counsel for the respondents.
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HC-KAR
2. The appellants - claimants have filed this appeal in
MFA.No.9536/2012 arising out of the impugned judgment
and award dated 29.07.2011 passed in MVC.No.1393/2008
by the Additional Senior Civil Judge & MACT, Udupi (for short
'Tribunal') for enhancement of compensation.
3. We have perused the judgment and award passed by
the Co-ordinate bench in MFA.No.9536/2012 on 05.12.2013
wherein the Co-ordinate bench allowed the appeal in part
and the award passed by the Tribunal was modified by
awarding compensation of Rs.2,02,667/- with interest at 6%
p.a., from the date of petition till the date of realization
excluding 326 days delay in filing the appeal and directed
respondent No.2 - the insurer to deposit the entire
compensation.
4. In view of the disposal of the appeal on 05.12.2013,
the present appeal does not survive for consideration.
Hence, the appeal is disposed off.
5. The appellant - Insurance Company has filed this
appeal in MFA.No.9872/2011 challenging the judgment and
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HC-KAR
award passed by the Tribunal in MVC.No.1393/2008 dated
29.07.2011 passed by the Tribunal on the ground of liability.
6. We have perused the judgment and award passed by
the learned Single Judge in MFA.No.9870/2011 and other
connected matters disposed off on 17.11.2022, wherein at
Para 10 of the judgment, the learned Single Judge observed
as under:
" There is no error in the finding of the Tribunal in
fastening the liability on the Insurance Company
and directing the Insurance Company to pay the
compensation to the claimants."
7. Further, the learned Single Judge in MFA.No.4594/2011
and connected matters arising out of the same accident,
disposed off on 02.03.2023 fastening the liability on the
Insurance Company to pay the entire compensation to the
claimants.
8. In view of the finding given by the learned Single Judge
in both the appeals, the appellant - Insurance Company is
directed to pay the entire compensation awarded by the
Tribunal in favour of the claimants - respondents.
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HC-KAR
9. Hence, nothing remains for consideration in this appeal.
Accordingly, the appeal filed by the appellant - Insurance
Company is dismissed.
10. The judgment and award passed by the Tribunal is
hereby confirmed.
11. The amount in deposit shall be transmitted to the
Tribunal.
In view of the disposal of the appeal, all pending
interlocutory applications, if any, shall stand disposed off.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
DHA
