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2022 Supreme(Online)(KAR) 63
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JUNE, 2022
PRESENT:
THE HON'BLE MR. JUSTICE B. VEERAPPA
AND
THE HON'BLE Mrs. JUSTICE K.S. HEMALEKHA
MISCELLANEOUS FIRST APPEAL No.5563/2016 (MV-D)
C/W
MISCELLANEOUS FIRST APPEAL No.5564/2016 (MV-D)
IN M.F.A. No.5553/2016
BETWEEN:
SMT. DARSHINI,
W/O. DR. B.M. RUDRAPRASAD,
AGED ABOUT 30 YEARS,
R/AT FLAT NO.108,
MAHAVEER ASPEN,
25/4, YELLECHENAHALLI,
KANAKAPURA MAIN ROAD,
BENGALURU – 560 078.
... APPELLANT
(BY SMT. SREEVIDYA G.K., ADVOCATE FOR
SRI T.N. VISWANATHA, ADVOCATE)
AND:
1. SRI B.A. TALKHEEN AHMED,
S/O. FATHERS NAME NOT KNOWN
TO THE PETITIONER,
MAJOR IN AGE,
M/S. EAST WEST TOURISM
CORPORATION, B.H. ROAD,
SHIMOGA DISTRICT – 577 201.
2. THE NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEX,
MISSION ROAD,
BENGALURU – 560 002,
REPRESENTED BY ITS
REGIONAL MANAGER.
3. SMT. H.K. UMADEVI,
W/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 66 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARANCE ENGLISH SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
4. SRI MAHADEVAIAH,
S/O LATE CHANNAVEERAIAH,
AGED ABOUT 71 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
5. M. CHANDRIKA,
D/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
(R-4 AND R-5 DEAD BY LR'S)
(SINCE DEAD BY LR,
R-3 IS ALREADY ON RECORD
AMENDMENT CARRIED OUT
VIDE COURT ORDER
DATED 09.08.2021)
... RESPONDENTS
(BY SRI G.S. MARULAIAH, ADVOCATE FOR R-2;
SRI K.R. KUMAR, ADVOCATE FOR R-3;
R-1 IS SERVED BUT UNREPRESENTED;
V/O. DATED 09.08.2021 R-3 IS TREATED AS LR'S OF
DECEASED R-4 AND R-5)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 23.04.2016 PASSED IN MVC No.4734/2010 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSE JUDGE, MEMBER, MACT, BANGALORE, DISMISSING THE CLAIM PETITION FOR COMPENSATION.
IN M.F.A. No.5564/2016
BETWEEN:
SMT. DARSHINI,
W/O. DR. B.M. RUDRAPRASAD,
AGED ABOUT 30 YEARS,
R/AT FLAT NO.108,
MAHAVEER ASPEN,
25/4, YELLECHENAHALLI,
KANAKAPURA MAIN ROAD,
BENGALURU – 560 078.
... APPELLANT
(BY SMT. SREEVIDYA G.K., ADVOCATE FOR
SRI T.N. VISWANATHA, ADVOCATE)
AND:
1. THE NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEXE,
MISSION ROAD,
BENGALURU – 560 002,
REPRESENTED BY ITS
REGIONAL MANAGER.
2. SRI B.A. TALKHEEN AHMED,
S/O. FATHERS NAME NOT KNOWN
TO THE PETITIONER,
MAJOR IN AGE,
M/S. EAST WEST TOURISM
CORPORATION, B.H. ROAD,
SHIMOGA DISTRICT – 577 201.
3. SMT. H.K. UMADEVI,
W/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 66 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARANCE ENGLISH SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
4. SRI MAHADEVAIAH,
S/O. LATE CHANNAVEERAIAH,
AGED ABOUT 71 YEARS,
R/AT DOOR NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
5. M. CHANDRIKA,
D/O. MAHADEVAIAH @ MADAPPA,
AGED ABOUT 36 YEARS,
R/AT NO.660, 9TH CROSS,
NEAR OLD CLARENCE SCHOOL,
S.I.T. EXTENSION,
TUMKUR – 561 001.
(R-4 AND R-5 DEAD BY LR'S)
(SINCE DEAD BY LR,
R-3 IS ALREADY ON RECORD
AMENDMENT CARRIED OUT
VIDE COURT ORDER
DATED 09.08.2021)
... RESPONDENTS
(BY SRI G.S. MARULAIAH, ADVOCATE FOR R-1;
SRI K.R. KUMAR, ADVOCATE FOR R-3;
R-2 IS SERVED BUT UNREPRESENTED;
V/O. DATED 09.08.2021 R-3 IS TREATED AS LR'S OF
DECEASED R-4 AND R-5)
***
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2016 PASSED IN MVC NO.5616/2013 ON THE FILE OF THE MEMBER, MACT, 20TH ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION.
