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SRI MALLAIAH – Appellant
Versus
AYYAPPA R – Respondent
MFA 4700/2015
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
M.F.A.NO.4700/2015 (MV)
C/W.
M.F.A.NO.5383/2015 (MV)
IN M.F.A.NO.4700/2015:
BETWEEN:
SRI MALLAIAH,
S/O MUNIRANGAIAH,
AGED ABOUT 53 YEARS,
R/AT NO.48, KOLURU SHED,
GOPALANAGARA, RAMOHALLI POST,
THAVAREKERE HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-562 130.
& APPELLANT
(BY SRI CHANDRASHEKAR SWAMY K.B., ADVOCATE)
AND:
1.
AYYAPPA R.,
S/O RAMACHANDRA,
AGED ABOUT 45 YEARS
NO.39/2O, 13TH "A" MAIN ROAD,
18TH CROSS, MALLESHWARAM,
BENGALURU-560 055.
2.
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
NO.302, 3RD FLOOR,
S &S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
OPP: BORING AND LADY CURZON HOSPITAL,
2
SHIVAJINAGAR,
BENGLAURU-560 001.
& RESPONDENTS
(BY SRI RAJANNA, ADVOCATE FOR R-1;
SRI O. MAHESH, ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 04.03.2015
PASSED IN MVC NO.2485/2013 ON THE FILE OF THE IX
ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT
OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
IN M.F.A.NO.5383/2015:
BETWEEN:
THE CLAIM MANAGER,
SHRIRAM GENERAL INSURANCE
COMPANY LIMITED,
NO.302, 3RD FLOOR,
S & S CORNER BUILDING,
PLOT NO.48, HOSPITAL ROAD,
OPP: BOWRING AND LADY CURZON HOSPITAL,
SHIVAJINAGAR, BENGLAURU-560 001.
BY
SHRIRAM GENERAL INSURANCE CO. LTD.,
5/4, 3RD CROSS, S.V.ARCADE,
BELAKANAHALLI MAIN ROAD,
OPP: BANNERAGHATTA MAIN ROAD,
IIMB POST, BENGALURU-560 076.
BY ITS MANAGER.
& APPELLANT
(BY SRI O. MAHESH, ADVOCATE)
AND:
1.
SRI MALLAIAH,
AGED ABOUT 53 YEARS,
S/O MUNIRANGAIAH,
3
R/AT NO.48, KOLURU SHED,
GOPALANAGARA, RAMOHALLI POST,
THAVAREKERE HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-562 123.
2.
AYYAPPA R.,
AGE: MAJOR
S/O RAMACHANDRA,
NO.39/2O, 13TH 8A9 MAIN ROAD,
18TH CROSS, MALLESHWARAM,
BENGALURU-560 055.
& RESPONDENTS
(BY SRI CHANDRASHEKAR SWAMY K.B., ADVOCATE FOR R-1;
SRI RAJANNA, ADVOCATE FOR R-2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 04.03.2015
PASSED IN MVC NO.2485/2013 ON THE FILE OF THE IX
ADDITIONAL SMALL CAUSES JUDGE AND XXXIV ACMM, COURT
OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU, AWARDING
A COMPENSATION OF Rs.2,48,885/- WITH INTEREST @ 6% P.A.
FROM THE DATE OF PETITION TILL THE DATE OF PAYMENT.
THESE MFAs9 HAVING BEEN HEARD AND RESERVED FOR
JUDGMENT ON 21.06.2021 THROUGH 8VIDEO CONFERENCE9
THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
J U D G M E N T
These two appeals are filed by the claimant and the
Insurance Company respectively questioning the quantum and
liability challenging the judgment and award dated 04.03.2015
passed in M.V.C.No.2485/2013 on the file of the IX Additional
Small Causes and Additional MACT, Bengaluru (8the Tribunal9 for
short).
4
2.
The parties are referred to as per their original
rankings before the Tribunal to avoid the confusion and for the
convenience of the Court.
3.
The factual matrix of the case is that on 06.04.2013
at about 8.00 a.m., the claimant was proceeding from his village
in TVS XL Super HD bearing No.KA-41-W-1871 as a pillion rider
and the said vehicle was driven by his son-in-law Revanna.
When the said vehicle reached Kanminke Bus stand, at that
time, the Eicher vehicle bearing No.KA-04-B-3467 driven by its
driver in a rash and negligent manner hit the vehicle in which
the claimant was proceeding from behind. As a result, he
sustained grievous injuries. Immediately, he was shifted to
Rajarajeshwari Hospital and later he was shifted to H.K. Hospital
for further treatment wherein he took treatment as an inpatient
from 06.04.2013 to 14.04.2013 for a period of nine days and
during the course of treatment, x-rays were taken which reveals
fracture of open comminuted fracture of rig
