Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE S.G.PANDIT M.F.A.No.2921/2014 C/W M.F.A.No.4194/2009 [MV] IN M.F.A.No.2921/2014:
BETWEEN :
1. SMT.RAVIKALA K. RAO W/O LATE KAMALAKSHA RAO AGED ABOUT 55 YEARS 2. ABHISHEK K. RAO S/O LATE KAMALAKSHA RAO AGED ABOUT 25 YEARS 3. RAHUL K. RAO S/O LATE KAMALAKSHA RAO AGED ABOUT 22 YEARS 4. MOHAN K. RAO S/O LATE KAMALAKSHA RAO AGED ABOUT 20 YEARS ALL ARE R/AT No.7, 141-A 2ND CROSS, SHIVANAGARA BADAGUBETTU ROAD, PARKALA POST, PARKAL, UDUPI-576107. ...APPELLANTS (BY SRI H.R.NARAYANA RAO, ADV.) AND :
1. MICHAEL S/O TONY MARK R/AT NEAR BRAHMALINGESHWARA TEMPLE, UDYAVARA VILLAGE UDUPI TALUK AND DISTRICT UDUPI-574118.
2. UDAYA SALIAN S/O PUNJA POOJARY R/AT BOBBARYA GUDDEYANGADI, HIRIYADKA UDUPI TALUK AND DISTRICT UDUPI-576113.
3. THE ORIENTAL INSURANCE COMPANY LTD., UDUPI BRANCH VISHNU PRAKASH BUILDING NEAR COURT MAIN ROAD UDUPI TALUK AND DISTRICT PIN – 576107 REP. BY MANAGER.
4. SUBRAMANYA.K S/O A.K.KUNDARAN R/AT UPADHYAYARABETTU HOUSE A.S. ROAD, KARKALA UDUPI TALUK AND DISTRICT UDUPI – 574104.
5. THE UNITED INDIA INSURANCE COMPANY LTD., UDAYAVANI BUILDING P.B. No.11, TILE FACTORY ROAD MANIPAL – 576104 REP. BY MANAGER. …RESPONDENTS (BY SRI A.N.KRISHNASWAMY, ADV. FOR R-3 & R-5; SRI R.GUNASHEKAR, ADV. FOR R-3;
R-1 – NOTICE D/W V/O DATED 26.06.2018; R-2 & R-4 ARE SERVED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2008 PASSED IN MVC.NO.311/2005 ON THE FILE OF THE ADDITIONAL CIVIL JUDGE [SR.DN], ADDITIONAL MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.No.4194/2009:
BETWEEN :
ORIENTAL INSURANCE CO. LTD., UDUPI BRANCH, VISHNUPRAKASH BLDG., NEAR COURT, MAIN ROAD, UDUPI TALUK & DISTRICT NOW REP. BY ITS REGIONAL MANAGER ORIENTAL INSURANCE CO. LTD., REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560 025 ...APPELLANT (BY SRI A.N.KRISHNA SWAMY, ADV.) AND :
1. KAMALAKSHA RAO SINCE PHYSICALLY HANDICAPPED REP. BY HIS WIFE SMT.RAVIKALA NOW AGED ABOUT 47 YEARS, R/O PANJIMOGARU, MANGALORE TALUK, D.K. DISTRICT.
2. MICHEL S/O TONY MARK, MAJOR R/O NEAR BRAHMALINGESHWARA TEMPLE UDYAVARA VILLAGE, UDUPI TALUK & DISTRICT.
3. UDAYA SALIAN S/O PUNJA POOJARY R/O BOBBARYA GUDDEYANGADI, HIRIYADKA, UDUPI TALUK & DISTRICT.
4. SUBRAMANYA K., S/O A.K.KUNDARAN, MAJOR, R/AT UPADHYAYARABETTUE HOUSE, A.S.ROAD, KARKALA, UDUPI TALUK & DISTRICT.
5. UNITED INDIA INSURANCE CO. LTD., UDAYAVANI BUILDING, P.B.NO.11, TILE FACTORY ROAD, MANIPAL …RESPONDENTS (BY SRI P.B.RAJU, ADV. FOR R-5;
NOTIE TO R-1 & R-2 HELD SUFFICIENT THROUGH PAPER PUBLICATION; R-3 & R-4 ARE SERVED.) THIS M.F.A. IS FILED UNDER SECTION 173(1) OF M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED 14.10.2008 PASSED IN MVC NO.311/2005 ON THE FILE OF ADDITIONAL CIVIL JUDGE (SR.DN.) & MEMBER, ADDITIONAL MACT, UDUPI, AWARDING A COMPENSATION OF RS.10,41,100/- WITH INTEREST @ 8% P.A. FROM THE DATE OF PETITION TILL DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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