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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MR. JUSTICE H.P. SANDESH

M.F.A.NO.9179/2010 (MV)

BETWEEN:

M/S. ARRK TOOLING SERMO INDIA PVT. LTD.,

(FORMERLY M/S. SERMO ARRK INDIA LTD.,

AND EARLIER M/S. PERFECT MOULDS LTD.,)

NO.5/4, NAGAR ROAD,

PUNE - 411 014, MAHARASTRA STATE.

REP. BY SRI ARNAUD VANNIER,

MANAGING DIRECTOR.

NOTE:

M/S. PERFECT MOULDS LTD., HAS BEEN

TAKEN OVER BY M/S.SERMO ARRK INDIA LTD.,

DULY APPROVED BY REGISTRAR OF COMPANIES

VIDE REFERENCE No.CINU25209PN1998PLC012887 DATED

13.02.2006 AND M/S. SERMO ARRK INDIA LTD.,

HAS BEEN TAKEN OVER BY

MS. ARRK TOOLING SERMO INDIA PVT. LTD.,

DULY APPROVED BY REGISTRAR OF COMPANIES

VIDE REFERENCE NO.SRNA42378414,

DATED 07.08.2008

& APPELLANT

(BY SRI S.N.PRASHANTH CHANDRA, ADVOCATE THROUGH V.C.)

AND:

1 .

SMT. INDIRA N. KATTI

AGED ABOUT 39 YEARS

W/O KYALKOND ASHOK RAGHAVENDRA

@ ASHOK R. KYALKOND

R

2

C/O NAGARAJ N. KATTI

NO.1003 ( UPSTAIRS )

27^TH MAIN, 9^TH BLOCK

JAYANAGARA

BENGALURU- 560 069

2 .

SAMEER A. KYALKOND

AGED ABOUT 12 YEARS

S/O KYALKOND ASHOK RAGHAVENDRA

@ ASHOK R. KYALKOND

C/O NAGARAJ N. KATTI

NO.1003 (UPSTAIRS)

27^TH MAIN, 9^TH BLOCK,

JAYANAGARA, BENGALURU- 560 069

REPRESENTED BY HER MOTHER AND

NATURAL GUARDIAN R1

SMT. INDIRA N KATTI

3 .

M. RAGHAVENDRA B. KYALKOND

AGED ABOUT 75 YEARS

S/O NAGARAJ N. KATTI

NO.1003 ( UPSTAIRS )

27^TH MAIN, 9^TH BLOCK

JAYANAGARA, BENGALURU 3 560 069

4 .

SMT. SUDHABAI R. KYALKOND

AGED ABOUT 70 YEARS

W/O RAGHAVENDRA B. KYALKOND

C/O NAGARAJ. N. KATTI

NO.1003 ( UPSTAIRS )

27^TH MAIN, 9^TH BLOCK

JAYANAGARA, BENGALURU- 560 069

5 .

NEW INDIA ASSURANCE CO. LTD.,

REGIONAL OFFICE

UNITY BUILDING ANNEX

MISSION ROAD, BENGALURU

REP. BY ITS BRANCH MANAGER.

& RESPONDENTS

(BY SRI P.KRISHNA REDDY, ADVOCATE FOR R4;

SRI C.R.RAVISHANKAR, ADVOCATE FOR R5)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 21.07.2010

PASSED IN MVC NO.4481/2001 ON THE FILE OF 14^TH

ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER,

MACT,

BENGALURU,

AWARDING

A

COMPENSATION

OF

Rs.14,90,295/- WITH INTEREST @ 6% P.A. FROM THE DATE OF

PETITION TILL DEPOSIT.

THIS MFA HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 1.07.2021 THIS DAY, THE COURT PRONOUNCED

THE FOLLOWING:

J U D G M E N T

This appeal is filed challenging the judgment and award

passed in MVC No.4481/2001 dated 21.07.2010 on the file of the

MACT, Court of Small Causes, Bengaluru City, (SCCH.10) (8the

Tribunal9 for short), questioning the liability.

2.

The parties are referred to as per their before the

Tribunal to avoid confusion and for the convenience of the Court.

3.

The factual matrix of the case is that the deceased

Ashok R. Kyalkond was travelling in a Car bearing registration

No.MH-12-W-3542 and due to the rash and negligent driving of

the driver of the said vehicle, met with an accident on

18.06.2001 at about 6.00 p.m. on Jayapal Godown, Lonikond

Village on Pune-Nagar Road (Maharashtra State) within the

limits of Loni Kalabhor Police Station, Maharashtra State. Hence,

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the claim petition was filed by the wife of the deceased, minor

son and parents of the deceased. The Insurance Company in the

written statement took defence that the deceased was

proceeding in the offending Car during the course of his

employment under the owner and the risk of the deceased was

not covered under the insurance policy issued in respect of the

said vehicle. The liability is subject to the validity of the vehicle

documents, driving licence at the time of the accident etc.,

4.

The claimants, in order to substantiate their claim,

examined the first claimant as P.W.1 and got marked the

documents at Exs.P1 to P9. On the other hand, respondent

examined a witness as R.W.1 and got marked the documents at

Ex.R1-the copy of the policy/receipt, Ex.P2-policy, Ex.P3-

settlement intimation voucher, Ex.P4-rec