Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY M.F.A. NO.7368 OF 2015 (MVC) C/W M.F.A.CROB. NO.107 OF 2016 M.F.A. NO.7368 OF 2015 BETWEEN THE MANAGER RELIANCE GENERAL INS. CO. LTD., ENVIRON TOWERS 60/4, HOSUR MAIN ROAD ELECTRONIC CITY BANGALORE NOW REP. BY ITS LEGAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE 5TH FLOOR, CENTENARY BUILDING NO.28, M.G.ROAD, BANGALORE – 560 001. … APPELLANT (BY SRI PRADEEP.B, ADVOCATE) AND:
1. GOPAL POOJARY S/O LATE BASAVA POOJARY NOW AGED ABOUT 40 YEARS 2. SATHWIK S/O GOPAL POOJARY NOW AGED ABOUT 8 YEARS 3. SANVITH S/O GOPAL POOJARY NOW AGED ABOUT 5 YEARS RESPONDENT NO.2 AND 3 ARE SINCE MINOR REP. BY THEIR FATHER AND NATURAL GUARDIAN RESPONDENT NO.1 ALL ARE RESIDING AT BADABETTU UPLADY, BANNADI VILLAGE & POST UDUPI TALUK AND DISTRICT.
4. BEEDU POOJARTHY W/O LATE BASAVA POOJARY NOW AGED ABOUT 76 YEARS R/AT PADUKERE, MANOOR VILLAGE AND POST UDUPI TALUK AND DISTRICT 5. J.S.MAHESH S/O J.L.SHIVEGOWDA NOW AGED ABOUT 56 YEARS R/AT NO.15, 2ND FLOOR 3, Q CROSS ROAD, BHARATHI NAGARA THIMMYYA ROAD BANGALORE … RESPONDENTS (BY SRI NAGARAJA HEGDE, ADVOCATE) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.08.2015 PASSED IN MVC NO.56/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE, MEMBER, MACT, KUNDAPURA, AWARDING A COMPENSATION OF RS.12,63,480/- WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
M.F.A.CROB. NO.107 OF 2016 BETWEEN:
1. GOPAL POOJARY S/O LATE BASAVA POOJARY NOW AGED ABOUT 41 YEARS 2. SATHWIK S/O GOPAL POOJARY NOW AGED ABOUT 9 YEARS 3. SANVITH S/O GOPAL POOJARY NOW AGED ABOUT 6 YEARS 1 TO 3 ARE R/AT AT BADABETTU, UPLADY BANNADI VILLAGE & POST UDUPI TALUK – 576 101.
APPELLANT NO.2 AND 3 ARE REP. BY THEIR FIRST FRIEND/ GUARDIAN FATHER SRI GOPAL POOJARI 4. BEEDU POOJARTHY W/O LATE BASAVA POOJARY NOW AGED ABOUT 77 YEARS R/O PADUKERE, MANOOR VILLAGE AND POST UDUPI TALUK – 576 101 … CROSS OBJECTORS (BY SRI NAGARAJA HEGDE, ADVOCATE) AND:
1. SRI J.S.MAHESH S/O J.L.SHIVEGOWDA AGED ABOUT 57 YEARS R/O NO.15, 2ND FLOOR 3, Q CROSS ROAD, BHARATHI NAGARA THIMMAYYA ROAD BENGALURU – 560 027 2. RELIANCE GENERAL INS. CO. LTD., ENVIRON TOWERS 60/4, HOSUR MAIN ROAD ELECTRONIC CITY BENGALURU – 560 100 REPRESENTED BY ITS BRANCH MANAGER … RESPONDENTS (BY SRI B.PRADEEP, ADVOCATE FOR R2 VAKALAT NOT FILED) THIS MFA.CROB IN MFA NO.7368/2015 PASSED U/O 41 RULE 22 OF CPC, AGAINST THE JUDGMENT AND AWARD DATED 07.08.2015 PASSED IN MVC NO.56/14 ON THE FILE OF THE SENIOR CIVIL JUDGE & MEMBER, MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS MFA ALONG WITH MFA CROB COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:-
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