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2025 Supreme(Kar) 352

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
RAVI V. HOSMANI
Through Divisional Manager, Cholamandalam General Insurance Co. Ltd., Now Represented By Chola Ms Gen, Insurance Company Limited, Through Manager – Appellant
Versus
Vaijanath, S/o. Veeranna – Respondent


Advocates Appeared:
For the Appellant :Sri Manjunath Mallayya Shetty, Advocate
For the Respondents:Sri Sanjeev Patil, Advocate.

JUDGMENT :

(RAVI V. HOSMANI, J.)

Challenging common judgment and award dated 26.10.2021 passed by Senior Civil Judge and MACT, Chittapur (‘tribunal’ for short) in MVC nos.324/2019 and 325/2019, these appeals are filed by insurer as well as claimants.

2. MFA no.201226/2022 is filed by insurer challenging award in MVC no.324/2019, while claimant has filed MFA no.200442/2022. Likewise, Insurer has filed MFA no.201227/2022 and claimant has filed MFA no.200539/2022 insofar as MVC no.325/2019 is concerned. Common grounds urged by insurer are that tribunal erred in fastening liability on insurer, even though driver of JCB did not possess effective and valid driving licence at time of accident.

3. In claim petition, it was submitted that on 25.12.2018, Shamaraya was riding motorcycle bearing Reg.no. KA-32/EE-1806 towards Chittapur with Vaijanath as pillion rider. At about 11:30 a.m., near Meghana bar, driver of JCB bearing Reg.no. KA-32/C-7472, drove it in rash and negligent manner, its bucket hit claimants and caused accident. Though, they took treatment at Kamareddy hospital etc., they did not recover fully and suffered permanent physical disability and loss of earning capacity. Therefore, c

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