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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 22^ND DAY OF JUNE 2022

BEFORE

THE HON’BLE MR.JUSTICE RAJENDRA BADAMIKAR

MFA No.31827/2012

C/W

MFA No.31079/2013 (MV)

In MFA No.31827/2012:

BETWEEN:

The Oriental Insurance Co. Ltd.,

Extension Counter,

Chittapur Road, Yadgir,

Through its Manager.

Presently by its

Senior Divisional Manager,

Oriental Insurance Co. Ltd.,

Divisional Office, First Floor,

N.G.Complex,

Opp: Mini Vidhana Soudha,

Gulbarga-585 102.

... Appellant

(By Sri. Sudarshan M., Advocate)

AND:

1.

Fatima W/o Moulana Shaik,

Aged about 34 years, Occ: Household,

2

2.

Afsha D/o Moulana Shaik,

Aged about 10 years, Occ: Student,

3.

Sahistha D/o Moulana Shaik,

Age: 8 years, Occ: Student,

4.

Chand Bee W/o Late Mahaboob Sab,

Aged about 71 years,

Occ: Nil, Handicap Blind Person,

R/at Putpak, Tq. & Dist: Yadgir.

(Petitioners 2 & 3 are Minor

U/G of their Natural Mother

Petitioner No.1: Fatima)

All are R/at Putpak,

Tq. & Dist: Yadgir-585 110.

5.

Md. Rahamathulla S/o Md. Osman,

Aged about 41 years, Occ: Owner of Jeep

Reg.No.AP-04-P-5497,

R/at No.6-5-55/H/A9, Habeed Nagar,

Mahaboobnagar, Andhra Pradesh-443 300.

... Respondents

(Sri. Veeranagouda, Advocate for R1 to R4;

Sri. V.S.Patil, Advocate for R5)

This MFA is filed under Section 173(1) of the M.V.

Act, praying to set aside the judgment and award dated

28.06.2012 passed in MVC No.7/2011 by the Presiding

Officer, FTC-I, District & Sessions Judge and Motor

Accident Claims Tribunal-II, Yadgir.

In MFA No.31079/2013:

BETWEEN:

1.

Fatima W/o Moulana Shaik,

Age: 35 years, Occ: Household,

3

2.

Afsha D/o Moulana Shaik,

Age: 11 years, Occ: Student,

3.

Sahistha D/o Moulana Shaik,

Age: 9 years, Occ: Student,

4.

Chand Bee W/o Late Mahaboob Sab,

Age: 70 years, Occ: Nil,

(mother of deceased)

Appellant Nos.2 & 3 are Minor

Reptd. by their natural Mother appellant No.1.

All are R/o Putpak,

Tq: Yadgir, Dist: Yadgir-585 201.

... Appellants

(By Sri. Veeranagouda, Advocate)

AND:

1.

Md. Rahamathulla S/o Md. Osman,

Age: 40 years, Occ: Owner of Jeep

Bearing No.AP-04-P-5497,

R/o # 6-5-55/H/A9, Habeed Nagar,

Mahaboobnagar (AP)-500 001.

2.

The Oriental Insurance Co. Ltd.,

Extension Counter,

Chittapur Road, Yadgir – 585 201,

By its Manager.

... Respondents

(Sri. V.S.Patil, Advocate for R1;

Sri. Sudarshan M, Advocate for R2)

This MFA is filed under Section 173(1) of the

M.V.Act, praying to allow the appeal and modify the

judgment and award dated 28.06.2012 passed in MVC

No.7/2011 by the Presiding Officer, FTC-I, MACT-II,

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Yadgir,

District

Judge,

Yadgir,

by

enhancing

the

compensation as claimed in the claim petition.

These appeals coming on for Orders this day, the

Court delivered the following:

JUDGMENT

These two appeals are filed by the insurance

company and the claimants against the judgment and

award dated 28.06.2012 passed in MVC No.07/2011 by the

Fast Track-I and MACT-II, Yadgiri.

2.

As these appeals are arising out of the same

judgment and award, they are heard together and

common judgment is being passed.

3.

MFA No.31079/2013 is filed by the claimants,

seeking enhancement of compensation awarded by the

Tribunal, while MFA No.31827/2012 is filed by the

insurance company, challenging the liability.

4.

For the sake of convenience, the parties herein

are referred with the original ranks occupied by them

before the Tribunal.

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5.

The brief factual matrix leading to the case are

that, on 21.03.2011, the deceased Moulana was travelling

in a jeep bearing Reg. No.AP-04-P-5497 from Gurmitkal to

Putpak and near the filed of one Nagappa situated on

Gurmitkal-Narayanpeth main road, the driver of the said

jeep drove the same in a rash and negligent manner and

in a high speed and suddenly applied break, due to which,

the deceased fell down and sustained grievous injuries

over the head and died on the sp