IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF JULY, 2021

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE E.S.INDIRESH

M.F.A.No.3168/2017 c/w

M.F.A.No.8269/2016 (MV)

IN M.F.A.No.3168/2017:

BETWEEN :

1 .

SMT.SHARADHAMBA

W/O LATE K.RAMACHANDRA BHAT

AGED ABOUT 57 YEARS

R/AT KUVECHCHARU HOUSE,

PERIYADKA, BAJATHOOR VILLAGE,

PUTTUR TALUK,

DAKSHINA KANNADA-574201

2 .

SRI KRISHNAPRASAD

S/O LATE K.RAMACHANDRA BHAT,

AGED ABOUT 35 YEARS

R/AT KUVECHCHARU HOUSE,

PERIYADKA, BAJATHOOR VILLAGE,

PUTTUR TALUK,

DAKSHINA KANNADA-574201

...APPELLANTS

(BY SRI SUYOG HERELE E., ADV. FOR SRI ARUNA SHYAM M.,

ADV.)

AND :

1 .

SRI M.VELUMURUGAN

S/O MANI, AGED ABOUT 49 YEARS

R/AT NO.21/14, AYYAVU STREET

- 2 -

UDAYARU PALYAM

ATTUR TALUK, SALEM DISTRICT

TAMIL NADU-636102

2 .

SRI THIRU S. DORESWAMY

S/O THIRU SUBBU GOWDAR

AGED ABOUT 61 YEARS

R/AT NO.129, SURAMANGALAM MAIN ROAD,

SALEM DISTRICT, TAMIL NADU

3 .

THE NEW INDIA

ASSURANCE COMPANY LTD.,

NO.17, FORT MAIN ROAD,

SHIVAPETE, SALEM DISTRICT

TAMIL NADU-636002

…RESPONDENTS

(BY SRI M.NARAYANAPPA, ADV. FOR R-3;

NOTICE TO R-1 & R-2 DISPENSED WITH.)

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF

M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED

01.08.2016 PASSED IN MVC NO.1716/2007 ON THE FILE OF

THE PRINCIPAL SENIOR CIVIL JUDGE AND A.C.J.M. AND

MEMBER, MACT, PUTTUR, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT

OF COMPENSATION.

IN M.F.A.No.8269/2016:

BETWEEN :

THE NEW INDIA ASSURANCE CO. LTD.,

NO.17, FORT MAIN ROAD,

SHIVAPETE SALEM, TAMIL NADU,

(INSURER OF TANKER NO.TN-30-E-0799)

REP. BY THE MANAGER,

NEW INDIA ASSURANCE CO. LTD.,

MOTOR TP APPEALS HUB, 2^ND FLOOR,

MAHALAKSHMI CHAMBERS,

9/2, M.G.ROAD, BENGALURU-02.

...APPELLANT

(BY SRI M.NARAYANAPPA, ADV.)

- 3 -

AND :

1 .

SMT.SHARADHAMBA

W/O LATE K.RAMACHANDRA BHAT,

AGED ABOUT 56 YEARS

2 .

SRI KRISHNA PRASAD

S/O LATE K.RAMACHANDRA BHAT,

AGED ABOUT 34 YEARS

BOTH ARE R/O KUVECHCHARU HOUSE,

PERIYADKA, BAJATHOOR VILLAGE,

PUTTUR TALUK, D.K.-574201

3 .

SMT.HONNAMMA @ HEMAVATHI

SINCE DECEASED BY HER LRs

REP. BY R-1 & R-2

(THEY ARE ALREADY ON RECORD)

(CAUSE TITLE AMENDED VIDE

COURT ORDER DATED 01.06.2021)

4 .

SRI M.VELUMURUGAN

S/O MANI, AGED ABOUT 47 YEARS,

R/O 21/14, AYYAVU STREET,

UDAYARU PALAYAM, ATTURU TALUK,

SELAM DISTRICT, TAMILNADU-624701

(DRIVER OF TANKER BEARING

REGN.NO.TN-30-E-0799)

5 .

SRI THIRU S. DORESWAMY

S/O THIRU SUBBU GOWDAR,

AGED ABOUT 59 YEARS, R/O NO.129,

SURAMANGALAM MAIN ROAD,

SELAM-9, TAMILNADU-636001.

(OWNER OF TANKER BEARING

REGN.NO.TN-30-E-0799)

…RESPONDENTS

(BY SRI SUYOG HERELE E., ADV. FOR SRI ARUNA SHYAM M.,

ADV. FOR R-1 & R-2;

R-1 & R-2 ARE LRs OF DECEASED R-3;

NOTICE TO R-4 DISPENSED WITH; R-5 SERVED.)

- 4 -

THIS M.F.A. IS FILED UNDER SECTION 173(1) OF

M.V.ACT AGAINST THE JUDGMENT AND AWARD DATED

01.08.2016 PASSED IN MVC NO.1716/2007 ON THE FILE OF

THE PRINCIPAL SENIOR CIVIL JUDGE & ACJM & MEMBER,

MACT, PUTTUR, AWARDING COMPENSATION OF Rs.33,05,000/-

WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL

ITS REALIZATION.

THESE APPEALS COMING ON FOR HEARING, THIS

DAY, S. SUJATHA, J., DELIVERED THE FOLLOWING:

J U D G M E N T

The claimants as well as the insurer are before

this Court challenging the judgment and award dated

01.08.2016 passed in MVC No.1716/2007 on the file of

the Prl. Senior Civil Judge & A.C.J.M and MACT, Puttur

(‘Tribunal’ for short).

2.

The claimants instituted the petition under

Section 166 of the Motor Vehicles, Act, 1988 (‘Act’ for

short)

claiming

compensation

for

the

death

of

K.Ramachandra Bhat in the road traffic accident.

3.

It was averred in the claim petition that on

14.6.2007 at about 4.45 p.m., when the deceased

Ramanchandra Bhat being the rider was proceeding on

- 5 -

Hero Honda Activa Motorcycle bearing Registration

No.KA-19-U-2330

from

N