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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF AUGUST, 2021

PRESENT

THE HON9BLE MRS. JUSTICE S. SUJATHA

AND

THE HON9BLE MR. JUSTICE RAVI V. HOSMANI

M.F.A.No.8317/2018 (MV)

BETWEEN:

1

GANGANARASAMMA

W/O LATE RANGASWAMAIAH

AGED ABOUT 32 YEARS

2.

SWETHA R

D/O LATE RANGASWAMAIAH

AGED ABOUT 14 YEARS

3.

TAYASHREE R

D/O LATE RANGASWAMAIAH

AGED ABOUT 12 YEARS

THE APPELLANTS NOS.2 AND 3

ARE MINORS REPRESENTED THROUGH

NATURAL GUARDIAN MOTHER 1^ST APPELLANT

SMT GANGANARSAMMA.

4.

LAKSHMAMMA

S/O LATE THIMMAIAH

AGED ABOUT 62 YEARS

ALL ARE R/A ARALIMARADAPALYA

MADAGONDANAHALLI POST

KUDUR HOBLI, MAGADI TALUK

RAMANAGARAM DIST PIN-571429

...APPELLANTS

[BY SRI. GURUDEV PRASAD K.T., ADVOCATE (VIDEO

CONFERENCE)]

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AND:

1 .

D K PRABHAKAR

S/O D H KRISHNAPPA

AGED MAJOR

R/A KENCHANAHALLI

DUMMENAHALLI POST

KASABA HOBLI

ARASIKERE TALUK

HASSAN DISTRICT-571429.

2 .

NATIONAL INSURANCE CO LIMITED

SHUBARAM COMPLEX

M G ROAD

BENGALURU-560001

REPRESENTED BY ITS MANAGER ...RESPONDENTS

(BY SRI. RAVISH BENNI, ADVOCATE FOR R2

VIDE ORDER DATED 15.07.2021,

NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MOTOR

VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED:

03.08.2018 PASSED IN MVC NO.4449/2016 ON THE FILE OF THE

MEMBER MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL

CAUSES, BENGALURU (SCCH-14), DISMISSING THE CLAIM

PETITION FOR COMPENSATION.

THIS MFA COMING ON FOR ADMISSION THIS DAY, RAVI

V. HOSMANI J., DELIVERED THE FOLLOWING:

J U D G M E N T

This appeal is filed by the claimants for setting aside the

impugned judgment and award dated 03.08.2018 passed by the

Motor Accident Claims Tribunal, Bengaluru City, (SCCH-14)

(hereinafter referred to as 8tribunal9 for short), in MVC

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No.4449/2016 under Section 173 of the Motor Vehicles Act,

(8M.V. Act9 for short).

2. Brief facts as stated are that on 18.05.2013 at about

7.00 p.m. one Rangaswamaiah was riding his motorcycle bearing

registration No. KA-52-H/620 on left side of NH-48. When he

was, near Ranganathapuram a Maruthi Alto car bearing

registration No.KA-13-N/0661 came in rash and negligent

manner and dashed against the motorcycle from its behind, due

to which Rangaswamaiah sustained severe injuries and died at

spot. Alleging loss of dependency, due to his untimely death his

wife, children and mother filed claim petition under Section 166

of MV Act against owner and insurer of offending vehicle seeking

compensation of Rs.50,00,000/-.

3. Inspite of service of notice, owner did not enter

appearance and contest the claim. He was placed ex-parte. 2^nd

respondent - insurer filed objections, denying involvement of

insured vehicle in the accident as well as negligence on the part

of its driver. Issuance of policy was admitted, subject to terms

and conditions. It was contended that as deceased was not

wearing helmet, he contributed to gravity of the accident. Age

income and occupation of deceased as well as dependency of

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claimants was also denied. It was also contended that

compensation claimed as exorbitant and excessive.

4. Based on pleadings, tribunal framed following issues:

1.

Whether

the

petitioners

prove

that

Rangaswamaiah S/o Late Thimmiah died due to

injuries sustained by him in an accident

occurred on 18.05.2013 at about 7.00 p.m., on

NH-48,

Kunigal-Bengaluru

Highway,

near

Ranganathapura, Solur Hobli, Magdi Taluk,

Ramanagara District, arising due to rash and

negligent driving of the driver of Maruthi

Suzuki Alto Car bearing Reg. No.KA-13-N-

0661?

2.

Whether

the

petitioners

are

entitled

for

compensation? If so, how much and from

whom?

3.

What Order or Award?

5. In support of their case, claimant No.1 examined

herself as PW1 and examined one witness as PW2. Dr. Tanuja

was examined as PW3 and got marked Exs.P.1 to 24. On behalf

of respondents two witnesses were examined as RWs.1 and 2

and Exs.R.1 to