IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 PRESENT THE HON'BLE MR. JUSTICE S.N. SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM MFA NO.1660/2013 C/W MFA NO.10775/2013(MV) IN MFA NO.1660/2013 BETWEEN:
SATHEESH S/O MALLESHAPPA AGED 24 YEARS R/O BANASHANKARI EXTENSION BANAVARA HOBLI ARSIKERE TALUK-573103 (BY SRI.B S BASAVARAJU, ADVOCATE) AND:
1. SYED YASIN S/O SYED ALI AGED ABOUT 50 YEARS R/O HULIYAR ROAD BANAVARA, BANAVARA HOBLI ARASIKERA TALUK PIN-573103 ...APPELLANT 2. GENERAL MANAGER ICICI LAMBARD GENERAL INSURANCE COMPANY LIMITED ICICI BANK TOWER BANDRA KURLA COMPLEX BANDRA EAST MUMBAI-400051 ...RESPONDENTS (BY SRI.B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.11.2012 PASSED IN MVC NO.69/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE J.M.F.C, MEMBER MACT, ARASIKERE. DISMISSING THE CLAIM PETITION FOR COMPENSATION.
IN MFA NO.10775/2013 BETWEEN:
SRI SYED THOUSIF S/O SYED BABU AGED ABOUT 23 YEARS R/AT KOTE, BANAVARA ARASIKERE TALUK HASSAN DIST PIN-573 112 ...APPELLANT (BY SRI.NARASIMHA MURTHY G V, ADVOCATE) AND:
1. SYED YASIN S/O SYED ALI AGED ABOUT 53 YEARS R/AT HULIYAR ROAD BANAVARA BANAVARA HOBLI ARASIKERE TALUK HASSAN DIST PIN-573112 2. THE GENERAL MANAGER I.C.I.C.I LAMBARD GENERAL INSURANCE CO LTD ICICI BANK TOWER BANDRA KURLA COMPLEX BANDRA EAST MUMBAI-400051 ...RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.11.2012 PASSED IN MVC NO.113/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, & JMFC, MACT, ARASIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MFA’S COMING ON FOR ORDERS THIS DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT These two appeals are filed by the claimants in MVC.Nos.69 and 113/2010 on the file of the MACT, Arsikere.
2. Admittedly, three claim petitions came to be filed by the appellants herein and another person by name Ashok.K.C. in seeking compensation for the injuries said to have suffered by each of them in a road traffic accident dated 11.3.2010. The said accident is involving motor cycle bearing Registration No.KA-06-J- 4406 on which all the three claimants were traveling and another motor cycle bearing Regn.No.KA-13-V-3005 driven by the first respondent before the Tribunal and insured with the second respondent. In the proceedings before the Tribunal, while deciding all the three claim petitions together, it is observed that the claimants were tort-feasers in causing the accident, that the accident is caused while all three of them were proceeding on the motor cycle and the accident has taken place due to rash and negligent driving on their own part. Therefore, their petitions seeking compensation was dismissed by common judgment dated 8.11.2012 which is sought to be challenged by two of the claimants among three claimants whose petitions came to be dismissed by a common judgment.
3. Heard and perused the grounds urged in both the appeals and also the findings of the Tribunal on issue Nos.1 and 2 and we are of the view that no grounds are made out to interfere with the order of dismissal passed by the Tribunal.
4. Accordingly, these two appeals are dismissed.
Sd/- JUDGE Sd/- JUDGE *alb/-