IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2015 BEFORE THE HON’BLE MR. JUSTICE RAM MOHAN REDDY MISCELLANEOUS FIRST APPEAL NO.48/2013(MV) C/W MISCELLANEOUS FIRST APPEAL NO.611/2013(MV) C/W MISCELLANEOUS FIRST APPEAL NO.612/2013(MV) C/W MISCELLANEOUS FIRST APPEAL NO.26/2013(MV) M.F.A.NO.48/2013 BETWEEN SRI CHANDRAPPA S/O HANUMANTHAPPA, AGED ABOUT 52 YEARS, RESIDING AT ANEKONDA VILLAGE, DAVANAGERE TALUK, PIN-577004. ... APPELLANT (BY SRI B.PRAMOD, ADVOCATE- ABSENT) AND 1. GNANESHWARE ANBALGAN S/O P.GOVINDAN, OWNER OF LORRY BEARING KA-01/7774, R/O NO.10, SSS BUILDING, A.V.ROAD, CHAMARAJPET, BANGALORE PIN-560018.
2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, AKKAMAHADEVI ROAD, P.J.EXTENSION, DAVANAGERE PIN-577004.
3. S.SHANKAR S/O SELVAM, MAJOR, OWNER OF LORRY BEARING NO.TN-27/C-2399, RESIDING AT NO.3, KUKKALAMALLI, THIPPIREDDYHALLY, DHARMAPURI DIST. BOMMIDI, ANDHRA PRADESH PIN-534411.
4. BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, NEAR NANJUNDESHWARA PETROL BUNK, P.B.ROAD, CHITRADURGA PIN-577 501 5. SMT. MUKTASYAKKA W/O PRABHAKAR, MAJOR, OWNER OF TATA INDICA CAB NO.KA-17/A-392, SENIOR ASSISTANT, UBDT COLLEGE OF ENGINEERING, DAVANAGERE PIN-577004.
6. DIVISIONAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD., DIVISIONAL OFFICE, 135/5, 2ND FLOOR, 15TH CROSS, J.P.NAGAR, 3RD PHASE, BANGALORE-560078. ... RESPONDENTS (NOTICE TO R1 & R3 DISPENSED WITH V/C/O DATED 04.03.2014;
SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R2; SRI A. RAVISHANKAR, ADVOCATE FOR R4;
R5 SERVED AND UNREPRESENTED; SRI O.MAHESH, ADVOCATE FOR R6) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED:8.10.2012 PASSED IN MVC NO.370/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & CJM, ADDITIONAL MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.611/2013 BETWEEN THE DIVISIONAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO.135/5, 2ND FLOOR, 15TH CROSS, J.P.NAGAR, 3RD PHASE, BANGALORE 560078 NOW AT THE CLAIMS MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, UNIT NO.04, NINTH FLOOR (LEVEL-06) " GOLDEN HEIGHTS" COMPLEX, 59TH "C" CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH "M" BLOCK, BENGALURU- 560010 BY IT’S MANAGER. ... APPELLANT (BY SRI O.MAHESH, ADVOCATE -ABSENT) AND 1. RATHNAMMA AGED ABOUT 47 YEARS, W/O.CHANDRAPPA, R/O.ANEKONDA VILLAGE, DAVANAGERE TALUK- 577002.
2. GNANESHWARI ANBALGAN MAJOR, S/O.P.GOVINDAN, R/O.NO.10, SSS BUILDING, A.V.ROAD, CHAMARAJPET, BANGALORE-560018 OWNER LORRY BEARING REG.NO.KA-01-7774.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED., BRANCH OFFICE, AKKAMAHADEVI ROAD, P.J.EXTENSION, DAVANAGERE -577002.
4. S. SHANKAR, MAJOR, S/O.SELVAM, R/O NO.3, KUKKALAMALLI THIPPIREDDY HALLY, DHARMAPURI DISTRICT, BOMMIDI, ANDHARA PRADESH -04 OWNER OF LORRY BEARING REG.NO.TN-27-C-2399.
5. THE BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, NEAR NANJUNDESHWARA PETROL BUNK, P.B.ROAD, CHITRADURGA- 577501.
6. SMT MUKTASYAKKA MAJOR, W/O.PRABHAKAR, SENIOR ASSISTANT, UBDT COLLEGE OF ENGINEERING, DAVANAGERE -577002.
OWNER OF TATA INDICA CAB REG.NO.KA-17-A-392.
... RESPONDENTS (NOTICE TO R2, R4 AND R6 DISPENSED WITH V/C/O DATED 17.01.2013; SRI B. PRAMOD, ADVOCATE FOR R1; SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R3, SRI A.RAVISHANKAR, ADVOCATE FOR R5) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED:8.10.2012 PASSED IN MVC NO.364/2011 ON THE FILE OF SENIOR CIVIL JUDGE & CJM, ADDITIONAL MACT, CHITRADURGA, AWARDING A COMPENSATION OF RS.73,400/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITIONS TILL REALIZATION.
M.F.A.NO.612/2013 BETWEEN THE DIVISIONAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, DIVISIONAL OFFICE, NO.135/5, 2ND FLOOR, 15TH CROSS, J.P.NAGAR, 3RD PHASE, BANGALORE 560078 NOW AT THE CLAIMS MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED, UNIT NO.04, NINTH FLOOR (LEVEL-06) " GOLDEN HEIGHTS" COMPLEX, 59TH "C" CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH "M" BLOCK, BENGALURU- 560010 BY IT’S MANAGER. ... APPELLANT (BY SRI O.MAHESH, ADVOCATE -ABSENT) AND 1. CHANDRAPPA, S/O HANUMANTHAPPA, R/O.ANEKONDA VILLAGE, DAVANAGERE TALUK- 577002.
2. GNANESHWARI ANBALGAN MAJOR, S/O.P.GOVINDAN, R/O.NO.10, SSS BUILDING, A.V.ROAD, CHAMARAJPET, BANGALORE-560018 OWNER LORRY BEARING REG.NO.KA-01-7774.
3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LIMITED, BRANCH OFFICE, AKKAMAHADEVI ROAD, P.J.EXTENSION, DAVANAGERE -577002.
4. S. SHANKAR, MAJOR, S/O.SELVAM, R/O NO.3, KUKKALAMALLI THIPPIREDDY HALLY, DHARMAPURI DISTRICT, BOMMIDI, ANDHARA PRADESH -04 OWNER OF LORRY BEARING REG.NO.TN-27-C-2399.
5. THE BRANCH MANAGER NEW INDIA ASSURANCE COMPANY LIMITED, BRANCH OFFICE, NEAR NANJUNDESHWARA PETROL BUNK, P.B.ROAD, CHITRADURGA- 577501.
6. SMT MUKTASYAKKA MAJOR, W/O.PRABHAKAR, SENIOR ASSISTANT, UBDT COLLEGE OF ENGINEERING, DAVANAGERE -577002.
OWNER OF TATA INDICA CAB REG.NO.KA-17-A-392. ... RESPONDENTS (NOTICE TO R2, R4 AND R6 DISPENSED WITH V/C/O DATED 22.01.2013.
SRI B. PRAMOD, ADVOCATE FOR R1, SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R3, SRI A.RAVISHANKAR, ADVOCATE FOR R5) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED:8.10.2012 PASSED IN MVC NO.370/2011 ON THE FILE OF SENIOR CIVIL JUDGE & CJM, ADDITIONAL MACT, CHITRADURGA, AWARDING A COMPENSATION OF RS.81,400/- WITH INTEREST @ 6% P.A FROM THE DATE OF PETITION TILL REALIZATION.
M.F.A.NO.26/2013 BETWEEN:
SMT.RATHNAMMA W/O.CHANDRAPPA, AGED ABOUT 46 YEARS, R/O.ANEKONDA VILLAGE, DAVANAGERE TALUK- 577004. …APPELLANT (BY SRI B.PRAMOD, ADVOCATE –ABSENT) AND :
1. GNANESHWARE ANBALGAN S/O P.GOVINDAN, OWNER OF LORRY BEARING KA-01/7774, R/O NO.10, SSS BUILDING, A.V.ROAD, CHAMARAJPET, BANGALORE PIN-560018.
2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., BRANCH OFFICE, AKKAMAHADEVI ROAD, P.J.EXTENSION, DAVANAGERE PIN-577004.
3. S.SHANKAR S/O SELVAM, MAJOR, OWNER OF LORRY BEARING NO.TN-27/C-2399, RESIDING AT NO.3, KUKKALAMALLI, THIPPIREDDYHALLY, DHARMAPURI DIST. BOMMIDI, ANDHRA PRADESH PIN-534411.
4. BRANCH MANAGER THE NEW INDIA ASSURANCE CO. LTD., BRANCH OFFICE, NEAR NANJUNDESHWARA PETROL BUNK, P.B.ROAD, CHITRADURGA PIN-577 501 5. SMT. MUKTASYAKKA W/O PRABHAKAR, MAJOR, OWNER OF TATA INDICA CAB NO.KA-17/A-392, SENIOR ASSISTANT, UBDT COLLEGE OF ENGINEERING, DAVANAGERE PIN-577004.
6. DIVISIONAL MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO., LTD., DIVISIONAL OFFICE, 135/5, 2ND FLOOR, 15TH CROSS, J.P.NAGAR, 3RD PHASE, BANGALORE-560078. ... RESPONDENTS (NOTICE TO R1 AND R3 DISPENSED WITH V/C/O DATED 01.03.2014;
SRI B.C.SEETHARAMA RAO, ADVOCATE FOR R2; SRI Y.ARUNA, ADVOCATE FOR R4;
R5 SERVED AND UNREPRESENTED; SRI O.MAHESH, ADVOCATE FOR R6) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE JUDGMENT AND AWARD DATED:8.10.2012 PASSED IN MVC NO.364/2011 ON THE FILE OF THE SENIOR CIVIL JUDGE & CJM, ADDITIONAL MACT, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT None present for the appellant.
*Appeals dismissed.
Sd/- JUDGE Ia *Corrected vide Chamber Order dated : 02.03.2016