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SRI. RAMESH – Appellant
Versus
DORESWAMY – Respondent
MFA 5208/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2021
BEFORE
THE HON9BLE MR. JUSTICE H. T. NARENDRA PRASAD
M.F.A No. 5208 OF 2014 (MV)
C/W
M.F.A. No.5209 OF 2014 (MV)
IN MFA No.5208 OF 2014
BETWEEN:
SRI. RAMESH
S/O KEMPAIAH
AGED ABOUT 27 YEARS
R/AT CHENNENAHALLI VILLAGE
KASABA HOBLI
RAMANAGARA TALUK AND
DISTRICT - 562 159.
&APPELLANT
(BY SRI. SHANTHARAJ., ADVOCATE)
AND:
1.
DORESWAMY
S/O KEMPAIAH
AGE MAJOR
R/AT RAYARADODDI
MAGADI ROAD
RAMANAGARA TALUK & DISTRICT - 562 159.
2.
THE REGIONAL OFFICE
UNITED INDIA INSURANCE COMPANY LTD.,
NO.25, SHANKARANARAYANA
BUILDING, M.G. ROAD
BANGALORE -560 001.
NOW SHIFTED TO KRUSHI BHAVAN
2
5TH AND 6TH FLOOR
HUDSON CIRCLE
BANGALORE - 560 001.
REPRESENTED BY ITS
REGIONAL MANAGER.
& RESPONDENTS
(BY SRI. PUTTIGE R. RAMESH ADVOCATE FOR R2
R1 SERVED UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT
AGAINST THE JUDGMENT AND AWARD DATED 01.01.2014 PASSED IN
MVC NO.93/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
M.F.A. 5209 OF 2014
BETWEEN:
SRI. KUMAR
S/O KALEGOWDA
AGED ABOUT 28 YEARS
R/AT CHENNENAHALLI VILLAGE
KASABA HOBLI
BILAGUMBA POST
RAMANAGARA TALUK AND
DISTRICT - 562 159.
&APPELLANT
(BY SRI. SHANTHARAJ., ADVOCATE)
AND:
1.
DORESWAMY
S/O KEMPAIAH
AGE MAJOR
R/AT RAYARADODDI
MAGADI ROAD
RAMANAGARA TALUK & DISTRICT - 562 159.
2.
THE REGIONAL OFFICE
UNITED INDIA INSURANCE COMPANY LTD.,
3
NO.25, SHANKARANARAYANA
BUILDING, M.G. ROAD
BANGALORE -560 001.
NOW SHIFTED TO KRUSHI BHAVAN
5TH AND 6TH FLOOR
HUDSON CIRCLE
BANGALORE - 560 001.
REPRESENTED BY ITS
REGIONAL MANAGER.
& RESPONDENTS
(BY SRI. PUTTIGE R. RAMESH ADVOCATE FOR R2
R1 SERVED UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF M.V. ACT
AGAINST THE JUDGMENT AND AWARD DATED 01.01.2014 PASSED IN
MVC NO.88/2009 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR
COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS COMING ON FOR HEARING, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals have been filed by claimants under
Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter
referred to as 8the Act9, for short) challenging the judgment
and award dated 01.01.2014 passed by the Motor Accident
Claims Tribunal at Ramanagara (8Tribunal9 for short), in
MVC Nos.93/2009 and 88/2009, whereby the Tribunal has
granted compensation of Rs.32,255/- and Rs.32,085/-
respectively with interest @ 6% p.a. Since, both the
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appeals arise out of the same accident as well as a common
judgment, they were heard together and are being decided
by this common judgment.
2.
The brief facts of the case are that on
04/08/2006 at about 9.00 a.m., when the claimants were
traveling
in
a
Lorry
bearing
Reg.No.KA-42-382
on
B.M.Road, Banandur Cross as loaders/unloaders, it met with
an accident on account of said Lorry being driven in a rash
and negligent manner and as such driver lost control over
the said vehicle, due to the said impact the lorry fell down.
As a result, they sustained grievous injuries and were
hospitalized.
3.
The claimants, Ramesh and Kumar filed the
claim petitions under Section 166 of the Motor Vehicles Act
in MVC Nos.93/2009 and 88/2009 respectively, seeking
compensation of Rs.4,00,000/- each along with interest on
the ground that they spent huge amount towards medical
expenses for their treatment and have suffered financial
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loss. It was further pleaded that the accident occurred
purely on account of rash and negligent driving of the
offending vehicle by its driver.
4.
On service of notice
