AND

AWARD

DATED:01.09.2017 PASSED IN MVC NO.787/2016 ON

THE FILE OF THE SENIOR CIVIL JUDGE & MACT,

HOLALKERE,

AWARDING

COMPENSATION

RS.20,000/- WITH INTEREST AT 6% P.A. FROM THE

DATE

PETITION

TILL

DEPOSIT

ANDETC.,

IN MFA NO.1174/2018

4

MELAGIRI PLAZA, DAVANAGERE.

REGIONAL OFFICE NO.144,

1 . GOWRAMMA

W/O ASHOK

AGED ABOUT 37 YEARS,

HOUSE HOLD,

R/O PUNAJURU VILLAGE,

HOLALAKERE TQ,

CHITRADURGA DISTRICT 577501.

2 . NAYAZULLA

(BY SRI.B.M. SIDDAPPA, ADVOCATE FOR R1

MFA FILED U/S 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED:01.09.2017

PASSED IN MVC NO.795/2016 ON THE FILE OF THE

SENIOR

CIVIL

JUDGE

AND

JMFC,

M.A.C.T.,

5

HOLALKERE,

AWARDING

COMPENSATION

RS.20,000/-WITH INTEREST AT THE RATE OF 6% P.A.

FROM THE DATE OF PETITION TILL DEPOSIT AND

ETC.,

IN MFA CROB.NO.40/2019

1 . SRI ASHOKA

S/O UJJAPPA,

AGED ABOUT 48 YEARS,

AGRICULTURIST,

R/O PUNAJURU VILLAGE,

HOLALKERE TALUK-577526,

CHITRADURGA DISTRICT.

...CROSS OBJECTOR

(BY SRI.SIDDAPPA B M., ADVOCATE)

1 . SRI NAYAZULLA

S/O FAKRUDDIN,

R/O CHIKKAJAJUR VILLAGE,

HOLALKERE TALUK-577526,

CHITRADURGA DISTRICT.

2 . THE DIVISIONAL MANAGER

NATIONAL INSURANCE CO.LTD.,

OPP:DENTAL COLLEGE, 2^ND FLOOR,

MELAGIRI PLAZA, DAVANGERE.577001

BY IT9S

NATIONAL INSURANCE CO.LTD.,

SUBHARAM COMPLEX,

M.G.ROAD, BANGALORE-560001.

6

(BY SRI. O MAHESH, ADVOCATE FOR R2

THROUGH V/C,

R1 NOTICE DISPENSED WITH V/O

DATED:18/11/2021 IN MFA NO.1173/2018)

U/O.41

RULE

22

CPC,

AGAINST THE JUDGMENT AND AWARD DT.01.09.2017

PASSED

ON

MVC

NO.788/2016

ON

FILE

SENIOR

CIVIL

JUDGE

&

MACT,

HOLALKERE,

PARTLY

ALLOWING

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

COMPENSATION

AND

ETC.,

M.F.A.NO.11711/2018,

M.F.A.NO.1173/2018,

M.F.A.NO.1174/2018 AND MFA CROB.NO.40/2019 IN

MFA NO.40/2019 COMING ON FOR ADMISSION

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

These appeals are filed under Section-173(1) of

the Motor Vehicles Act, 1988, (hereinafter referred to

as 8MV Act9 for brevity).

MFA Nos.1171, 1173 and 1174/2018 are filed by

the appellant 3 insurance company challenging the

judgment and award dated 01.09.2017, passed in

MVC No.787/2016 connected with MVC No.788/2016,

7

795/2016, on the file of Senior Civil Judge & MACT, at

Holalkere, (hereinafter referred to as 8the Tribunal9 for

brevity) questioning the liability of the insurance

company to pay the compensation.

MFA Crob No.40/2019 is filed by the appellant-

claimant

in

MVC

No.788/2016

challenging

the

aforesaid judgment and award, seeking enhancement

of the compensation awarded by the Tribunal.

2.

Brief facts:

On 01.01.2016, the claimants were proceeding

on a motor cycle bearing No. KA-16-X-9860, from

Sirigere village to Punajuru; in front of Government

School at Adanuru village, Holalkere Taluk at 8.30

p.m., the driver of the motor cycle bearing No.KA-16-

EB-1786, drove it in a rash and negligent manner and

dashed against the motor cycle. As a result they fell

down and sustained simple and grievous injuries. The

claimant in MVC No.787/2016, being pillion rider of

8

the motor cycle bearing No.KA-16-EB-1786, also fell

down from the motor cycle and sustained simple and

grievous injuries. Immediately he was shifted to the

Government Hospital, Holalkere. The claimant in MVC

No.788/2016 was shifted to Narayana Multi Specialty

Hospital, Shivamogga where he took treatment as an

inpatient

for

two

months

and

spent

around

Rs.5,00,000/- towards medical expenses. Claimant in

MVC No.795/2016 spent Rs.20,000/- towards medical

expenses and the claimant in MVC No.787/2016 was

shifted to Holalkere Government Hospital, immediately

after the accident and then shifted to SS Hospital,

Davanagere where he took treatment as an inpatient

and spent Rs.50,000/- towards medical treatment.

3. Hence, a claim petition was filed by the

claimants under Section-166 of the M.V. Act, claiming

compensation for the injuries sustained in the

accident. The Tribunal on appreciating the materials

on record, allowed the petiti