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.3962/2012 C/W M.F.A.Nos.3963/2012, 3964/2012, 3965/2012, 3966/2012, 3967/2012, 3968/2012, 3969/2012, 3970/2012 AND 3971/2012 (MV) M.F.A.No.3962/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G E PLAZA AIRPORT ROAD BANGALORE/107, CRYSTAL ARC, BALMATTA ROAD MANGALORE 575 001.
BY BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-560 024.
BT IT’S MANAGER ... APPELLANT (BY SRI. O MAHESH, ADV.) AND:
1. P. ADAM ISMAIL AGE 44 YEARS S/O LATE HAJI S. ISMAIL 2. MRS. ZOHARA ADAM AGE 34 YEARS W/O P ADAM ISMAIL NOW RESIDING AT YASSAR ARAFATH MANZIL, PARARI VAMANJOOR POST, THIRUVAIL VILLAGE, MANGALORE TALUK.
3. LAXMANA T MAJOR S/O THIMMAPPA POOJARY BAILA DARKAS HOUSE VEERAKAMBA POST AND VILLAGE BANTWAL 574 211.
4. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK.
... RESPONDENTS (BY SRI.T.SANDESH SHETTY, ADV. FOR C/R2 SRI.M E NAGESH, ADV. FOR R4 R1 & R3 –SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1270/2008 ON THE FILE OF THE PRESIDING OFFICER FAST TRACK COURT, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- WITH INTEREST AT THE RATE OF 6% P.A.
FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
M.F.A.No.3963/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE - 107 CRYSTAL ARC, BALMATTA ROAD MANGALORE – 575001.
BY BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI. O MAHESH, ADV.) AND:
1. ABDUL RAZAK @ RAZAK AGED ABOUT 38 YEARS S/O S. AHMED 2. MRS. SARAMMA AGE 34 YEARS W/O ABDUL RAZAK NOW RESIDING AT SALE MANE HOUSE, ULAIBETTU POST VIA, GURUPURA MANGALORE TALUK-575001.
3. LAXMANA T MAJOR S/O THIMMAPPA POOJARY BAILA DARKAS HOUSE VEERAKAMBA POST AND VILLAGE BANTWAL – 574211.
4. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK-575 001.
... RESPONDENTS (BY SRI.SANDESH SHETTY T, ADV. FOR C/R2 SRI.M E NAGESH, ADV. FOR R4 R1 –SERVICE HELD SUFFICIENT V/O DT:16.10.2014 R3 –SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1271/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF RESPECTIVE PETITION TILL THE DATE OF PAYMENT.
M.F.A.No.3964/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC, BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. S. UMARABBA AGED ABOUT 47 YEARS S/O LATE HAJI S ISMAIL 2. MRS. ZAINAB AGED ABOUT 35 YEARS W/O S UMARABBA NOW RESIDING AT S. MUBARAK MANZIL PARARI VAMANJOOR POST THIRANVAIL VILLAGE MANGALORE TALUK-575 001.
3. LAXMANA T MAJOR S/O THIMMAPPA POOJARY BAILA DARKAS HOUSE VEERAKAMBA POST AND VILLAGE BANTWAL – 574211.
4. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK-575001.
... RESPONDENTS (BY SRI.SANDESH SHETTY T, ADV. FOR C/R1 & R2 SRI.M E NAGESH, ADV. FOR R4 R3 –SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1272/2008 ON THE FILE OF THE COURT OF THE PRESIDING OFFICER FAST TRACK COURT, MANGALORE, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
M.F.A.No.3965/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC, BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. ABBOBAKKER @ ABBU BEARY AGED ABOUT 46 YEARS S/O MOHAMMED 2. KUMARI ATHIJAMMA AGED ABOUT 23 YEARS D/O ABBOBAKKER @ ABBU BEARY 3. MASTER MOHAMMED THWAHA AGED ABOUT 19 YEARS S/O ABBOBAKKER @ ABBU BEARY 4. KUMARI ASMATH AGED ABOUT 17 YEARS D/O ABBOBAKKER @ ABBU BEARY PETITIONER NO.4 ARE MINOR REPRESENTED BY THE PETITIONER NO.1 THEIR NATURAL GUARDIAN ALL ARE R/AT KANTHARA BETTU HOUSE, ULAIBETTU VILLAGE AND POST MANGALORE TALUK.
5. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK.
(BY SRI.M E NAGESH, ADV. FOR R5 R1 TO 3 –SERVED & UNREPRESENTED R4-MINOR & REP. BY R1) ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1323/2008 ON THE FILE OF PRESIDING OFFICER FAST TRACK COURT, MANGALORE, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,82,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
M.F.A.No.3966/2012 THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC, BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. ABOOBAKKER @ ABBU BEARY AGED ABOUT 46 YEARS S/O LATE MOHAMMED 2. KUMARI ATHIJAMMA AGED ABOUT 23 YEARS D/O ABBOBAKKER @ ABBU BEARY 3. MASTER MOHAMMED THWAHA AGED ABOUT 19 YEARS S/O ABBOBAKKER @ ABBU BEARY 4. KUMARI ASMATH AGED ABOUT 17 YEARS D/O ABBOBAKKER @ ABBU BEARY PETITIONER NO.4 ARE MINOR REP. BY THE PETITIONER NO.1 THEIR NATURAL GUARDIAN ALL ARE RESIDING AT KANTHAARA BETTU HOUSE ULAIBETTU VILLAGE AND POST MANGALORE TALUK -575001.
5. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY GURUPURA MANGALORE TALUK -575001.
(BY SRI.M E NAGESH, ADV. FOR R5 R1 TO 3 –SERVED & UNREPRESENTED R4-MINOR & REP. BY R1) ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.2.2012 PASSED IN MVC NO.1324/2008 ON THE FILE OF PRESIDING OFFICER FAST TRACK COURT, MANGALORE, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.4,00,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
M.F.A.No.3967/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER (BY SRI.O MAHESH, ADV.) AND:
1. SMT. SAMPA POOJARTHI AGED ABOUT 64 YEARS W/O LATE DAYANANDA POOJARY R/AT PERMANKI MANTAME HOUSE ULAIBETTU VILLAGE & POST MANGALORE TALUK & DISTRICT-575001.
2. THE HEAD MASTER BAMI PRIMARY SCHOOL, THENKU ULIPADY, GURUPURA MANGALORE TALUK-575001.
(BY SRI.M E NAGESH, ADV. FOR R2 R1-DECEASED STEPS NOT TAKEN) ... APPELLANT ... RESPONDENTS THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1325/2008 ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT, MANGALORE, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
M.F.A.No.3968/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. P.M. HAMZATH AGE 36 YEARS S/O P.M. ISMAIL 2. SMT. AYSHA BANU AGED ABOUT 28 YEARS W/O P.M. HAMZATH BOTH ARE R/AT AYSHA MANZIL KANTHARABETTU HOUSE ULAIBETTU POST MANGALORE TALUK & DISTRICT.
3. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK.
... RESPONDENTS (BY SRI. M E NAGESH, ADV. FOR R3 R1 & R2-SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1637/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/-WITH INTEREST AT THE RATE OF 6% P.A FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
M.F.A.No.3969/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. P.M. HAMZATH AGE 36 YEARS S/O P.M. ISMAIL 2. SMT. AYSHA BANU AGED ABOUT 28 YEARS W/O P.M. HAMZATH BOTH ARE R/AT AYSHA MANZIL KANTHARABETTU HOUSE ULAIBETTU POST MANGALORE TALUK & DISTRICT-575001.
3. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK-575001.
... RESPONDENTS (BY SRI.M E NAGESH, ADV. FOR R3 R1 & R2 –SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1638/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
M.F.A.No.3970/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC BALMATTA ROAD MANGALORE – 575001.
BY THE BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER (BY SRI.O MAHESH, ADV.) ... APPELLANT AND:
1. M MAJEED G AGE 40 YEARS S/O M. AHMED 2. SALINA BAGAM AGED 30 YEARS W/O M. MAJEED G.
BOTH ARE R/AT AYSHA MANZIL KANTHARABETTU HOUSE ULAIBETTU POST MANGALORE TALUK & DISTRICT-575 001.
3. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK -575001.
... RESPONDENTS (BY SRI.M E NAGESH, ADV. FOR R3 R1 & R2 –SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.02.2012 PASSED IN MVC NO.1639/2008 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT DAKSHINA KANNADA, MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
M.F.A.No.3971/2012 BETWEEN:
THE SENIOR MANAGER BAJAJ ALIANZ GENERAL INSURANCE COMPANY LIMITED HEAD OFFICE: G.E. PLAZA AIRPORT ROAD BANGALORE/107 CRYSTAL ARC BALMATTA ROAD MANGALORE – 575001.
BY BAJAJ ALLIANZ GENERAL INSURANCE CO., LTD., NO.31, GROUND FLOOR TBR TOWERS, 1ST CROSS NEW MISSION ROAD BANGALORE-24.
BY IT’S MANAGER ... APPELLANT (BY SRI.O MAHESH, ADV.) AND:
1. M. ABDUL JABBAR AGE 40 YEARS S/O LATE M. MOHAMMED 2. SMT. HAZRA AGED 32 YEARS W/O M. ABDUL JABBAR BOTH ARE R/AT ZEENATH MANZIL KANTHARABETTU HOUSE ULAIBETTU POST MANGALORE TALUK & DISTRICT-575001.
3. THE HEAD MASTER BAMI PRIMARY SCHOOL THENKU ULIPADY, GURUPURA MANGALORE TALUK -575001.
... RESPONDENTS (BY SRI. M E NAGESH, ADV. FOR R3 R1-SERVICE H/S V/O DT:07.10.2014 R2-SERVED & UNREPRESENTED) THIS APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.2.2012 PASSED IN MVC NO.1640/2008 ON THE FILE OF THE COURT OF THE FAST TRACK COURT, MANGALORE, DAKSHINA KANNADA, & MACT., MANGALORE, AWARDING A COMPENSATION OF RS.2,25,000/- EACH WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF RESPECTIVE PETITIONS TILL THE DATE OF PAYMENT.
THESE APPEALS HAVING BEEN HEARD AND RESERVED ON 05/08/2019 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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