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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF NOVEMBER 2021

BEFORE

THE HON9BLE MR. JUSTICE E.S.INDIRESH

M.F.A. No.933/2009(MV)

BETWEEN:

N G LINGARAJU

S/O N G REVANASIDAPPA

AGED ABOUT 36 YEARS

OWNER OF MOTOR CYCLE BEARING

NO. K A 17/S-8980

R/O D NO.1616/4

III MAIN ROAD, 8^TH CROSS

DAVANGERE CITY AND DISTRICT.

... APPELLANT

(BY SRI N K SIDDESWARA, ADVOCATE)

AND:

1. CHANDRAMMA

W/O. SHIVAKUMAR

AGED ABOUT 29 YEARS

2. KIRAN

S/O LATE SHIVAKUMAR

AGED ABOUT 11 YEARS

3. KAVYA

D/O LATE SHIVAKUMAR

AGED ABOUT 9 YEARS

R2 AND 3 ARE MINORS

REP. BY THEIR NATURAL GUARDIAN

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MOTHER 1ST RESPONDENT

ALL ARE R/O NITUVALLI,

III CROSS, DAVANAGERE Taluk

NOW R/O LAXMISAGAR

CHITRADURGA TALUK AND DISTRICT

4. SANGAPPA

SINCE DECEASED REPD BY HIS LRS

5. SIDDAMMA

W/O SANGAPPA

AGED ABOUT 51 YEARS

R/O NITUVALLI, 2ND CROSS

DAVANAGERE TALUK AND DISTRICT

NOW R/O LAKSHMISAGAR

CHITRADURGA TALUK AND DISTRICT.

6. BAJAJ ALLIANZ GENERAL

INSURANCE CO. LTD.,

VIVEKANAND CORNER

DESAI CROSS, CLUB ROAD

HUBLI CITY

REP. BY ITS BRANCH MANAGER.

... RESPONDENTS

(BY SRI B L KUMAR, ADVOCATE FOR R1 TO 3 AND 5;

SRI O MAHESH, ADVOCATE FOR R6;

R2 AND 3 ARE MINORS REPRESENTED BY R1;

R1, 3 AND 5 ARE LRS OF R4)

THIS M.F.A. IS FILED U/S. 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED 31.01.2008 PASSED IN

MVC NO.300 OF 2006 ON THE FILE OF THE CIVIL JUDGE

(SR.DN) AND MEMBER, ADDITIONAL Motor Accident Claims

Tribunal, AT CHITRADURGA, AWARDING A COMPENSATION OF

RS.3,28,000/- WITH THE INTEREST AT THE RATE OF 6% PER

ANNUM

FROM

THE

DATE

OF

PETITION

TILL

FINAL

REALISATION.

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THIS M.F.A. COMING ON FOR HEARING THIS DAY, THE

COURT, DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is preferred by the respondent No.1-own

of motor cycle, challenging the judgment and award dated

31.01.2008 passed in MVC No.300/2006 on the file of Civil

Judge (Sr. Dn.) and Additional Motor Accident Claims

Tribunal, Chitradurga, allowing the claim petition in-part

and fastening the liability on respondent No.1 (appellant

herein).

2.

For the sake of convenience, the parties in this

appeal shall be referred to in terms of their status and

ranking before the Tribunal.

3.

The brief facts of the case are that, on

27.11.2005, husband of claimant No.1-Shivakumar, took

the motor cycle bearing No.KA-17/S-8980 from his owner

(appellant herein) to visit Chitradurga, along with the

pillion rider (claimant in MVC No. 301/2006). After

completion of his work, when the deceased was riding

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motor cycle near Katral Tank, NH4 Road, in the act of

avoiding dashing to a mentally disordered person, who was

crossing the road, the said Shivakumar lost the control

over the motor cycle and fell down along with pillion rider

and result of the same, Shivakumar died in the accident

and pillion rider sustained grievous injuries. Therefore, the

legal representatives of the deceased-Shivakumar filed

MVC

No.300/2006

before

the

Tribunal

seeking

compensation and pillion rider of the motor cycle-

Chandrashekarappa filed MVC No.301/2006 before the

Tribunal seeking compensation on account of injury

sustained by him in road traffic accident.

4.

After service of summons, respondents entered

appearance and filed written statement denying the

averments made in the claim petition. Respondent No.1-

owner of the vehicle (appellant herein), contended that the

motor cycle bearing registration No.KA-17/S-8980 is

immured under Two Wheeler-Package Policy, covering the

risk of owner-driver, so also, third party liability. Though

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having package policy which covers the third party liability,

in the event of holding the owner of the vehicle responsible

to pay the compensation to the claimant, respondent No.2

be indemnified in terms of the policy and as such, sought

for dismissal of the claim petition.

5.

Respondent

No.2-Insurance

Company,

filed

detailed written statement