Next > IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR JUSTICE L.NARAYANA SWAMY MFA NO.764 OF 2016 (MV) C/W MFA NO.516 OF 2016 (MV) C/W MFA NO.429 OF 2016 (MV) C/W MFA NO.430 OF 2016 (MV) IN MFA NO.764/2016 BETWEEN:
SMT.LAKSHMAMMA W/O THIPPESWAMY AGED ABOUT 48 YEARS R/O KADADHARAHALLI CHALLAKERE TALUK NOW R/O JOGIMATTI ROAD CHITRADURGA TOWN – 577 501 MENTALY DISORDERED REPRESENTED BY HER HUSBAND THIPPESWAMY S/O BASAPPA AGED ABOUT 48 YEARS R/O JOGIMATTI ROAD CHITRADURGA CHITRADURGA – 577 501 (BY SRI.V.B.SIDDARAMAIAH, ADV.,) ... APPELLANT AND:
1. SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA, SITAPUR JAIPUR, RAJASTHAN – 302 001 REP. BY ITS BRANCH MANAGER 2. SRI PRAHALADHA B. S/O BORAIAH AGE - MAJOR R/O BOMMENAHALLI HIRIYUR TALUK CHITRADURGA DIST. – 572 143 ... RESPONDENTS (BY SRI. SHIVANNE GOWDA, ADV., FOR R1) (R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED:31.08.2015 PASSED IN MVC NO.379/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.516/2016 BETWEEN:
SMT.ONKARAMMA @ OBAKKA W/O PARWATHARAJU AGED ABOUT 38 YEARS R/O 1ST CROSS, J.C.R EXTENSION CHITRADURGA TOWN-577 501 (BY SRI.V.B.SIDDARAMAIAH, ADV.,) AND:
... APPELLANT 1. SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA, SITAPUR JAIPUR, RAJASTHAN – 302 001 REP. BY ITS BRANCH MANAGER 2. SRI PRAHALADHA B. S/O BORAIAH MAJOR – AGE NOT KNOWN TO APPELLANT R/O BOMMENAHALLI HIRIYUR TALUK CHITRADURGA DIST. – 572 143 ... RESPONDENTS (BY SRI. SHIVANNE GOWDA, ADV., FOR R1) (V/O DATED:10.11.2016 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED:31.08.2015 PASSED IN MVC NO.378/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO.429/2016 BETWEEN:
M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD IIMB POST BANGALORE REPTD BY ITS ASSIT.MANAGER ... APPELLANT (BY SRI.B.C.SHIVANNE GOWDA, ADV.,) AND:
1. SMT.ONKARAMMA @ OBAKKA W/O PARWATHARAJU NOW AGED ABOUT 38 YEARS R/O 1ST CROSS, J.C.R EXTENSION CHITRADURGA TOWN-577 501 REP. BY ITS BRANCH MANAGER 2. SRI PRAHALADHA B. S/O BORAIAH MAJOR R/O BOMMENAHALLI HIRIYUR TALUK CHITRADURGA DIST. – 577 501 ... RESPONDENTS (BY SRI. V.B.SIDDARAMAIAH, ADV., FOR R1) (BY SRI.B.M.SIDDAPPA, ADV., FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED:31.08.2015 PASSED IN MVC NO.378/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.1,81,500/- WITH INTEREST @ 7.5% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO.430/2016 BETWEEN:
M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD., E-8, RIICO INDUSTRIAL AREA SITAPUR, JAIPUR, RAJASTHAN NOW REPRESENTED BY M/S.SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.5/4, 3RD FLOOR, S.V.ARCADE BILAKAHALLI BANNERUGHATTA MAIN ROAD IIMB POST BANGALORE REPTD BY ITS ASSIT.MANAGER (BY SRI.B.C.SHIVANNE GOWDA, ADV.,) AND:
... APPELLANT 1. LAKSHMAMMA W/O THIPPESWAMY NOW AGED ABOUT 48 YEARS R/AT KADADHARAHALLI, CHALLAKERE TALUK NOW R/O JOGIMATTI ROAD CHITRADURAGA TOWN CHJITRADURAGA DISTRICT – 571 511 SINCE MENTALLY DISORDER AND HENCE REP. BY HER HUSBAND 2. SRI PRAHALADHA B. S/O BORAIAH MAJOR R/O BOMMENAHALLI HIRIYUR TALUK CHITRADURGA DIST. – 577 501 ... RESPONDENTS (BY SRI. V.B.SIDDARAMAIAH, ADV., FOR R1) (BY SRI.B.M.SIDDAPPA, ADV., FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT & AWARD DATED:31.08.2015 PASSED IN MVC NO.379/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, AWARDING COMPENSATION OF RS.5,04,600/- WITH INTEREST @ 7.5% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT MFA Nos.764/2016 and 516/2016 are filed by claimants seeking for enhancement of compensation awarded by the Tribunal. MFA Nos.429/2016 and 430/2016 are filed by the Insurance Company against the judgment and award passed by the Tribunal.
2. As these appeals arise out of a common judgment, they are heard together and disposed off by this common judgment.
3. Brief facts of the case as pleaded in the claim petitions are:
On 7.12.2012 at about 4.30 to 5.00 p.m., the petitioners were moving in a motor cycle bearing reg No.KA-16/X/2862 from Sirigere towards Megalahalli. When the said motor cycle came near Marulasiddappa’s land in between Sirigere – Chikkenahalli road, Chitradurga Taluk, the driver of the cruiser Trax bearing reg No.KA-16/B-79 drove the same from the opposite direction with a rash and negligent manner with high speed and dashed against the motor cycle of the petitioners. As a result of which the appellants in MFA Nos.764/2016 and 516/2016 sustained injuries in the accident. Therefore, they filed MVC Nos.379/2013 and 378/2013 respectively, under Section 166 of the Motor Vehicle Act before the MACT-V, Chitradurga. The tribunal by impugned judgment has awarded compensation of Rs.1,81,500/- and Rs.5,04,600/- respectively, with interest @ 7.5% p.a. in favour of the claimants. Being dissatisfied with the same, the claimants have preferred MFA Nos.764/2016 and 516/2016. Whereas, the Insurance Company has iled MFA Nos.429/2016 and 430/2016 praying to set aside the judgment and award passed by the tribunal in favour of the claimants.
4. Heard the learned Counsel for the parties and perused the judgment and award of the Tribunal.
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