IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JULY, 2021

PRESENT

THE HON9BLE MRS. JUSTICE S. SUJATHA

AND

THE HON9BLE MR. JUSTICE E.S. INDIRESH

MISCELLANEOUS FIRST APPEAL NO.10157 OF 2012 (MV)

c/w

MISCELLANEOUS FIRST APPEAL Nos.2901 OF 2012 &

8453/2012

In MFA 10157 OF 2012:

BETWEEN

Sri Perumal

Aged 58 years

S/o Thirupathy

R/at No.48, 2^nd Cross

Kodage Halli Main Road

Maruthi Nagar

Bengaluru-560 092.

...Appellant

(By Shri S S Mahendra, Advocate)

AND

1. Smt. Parvathi B

Major in age

W/o B Janardhana Naidu

R/at 1-27, Bonu Palli

Kanchana Palli

Thottambedu

Chittor-517 643.

2

2. The Regional Manager

New India Assurance Co. Ltd.,

Regional Office No.2-B

Unity Building Annex

Mission Road

B-560 027.

3. Sarvanan

Since deceased by his LRs.

3a. Smt. Thavamani

Aged 50 years

W/o Sri Natarajan

3b. Sri Natarajan

Aged 53 years

S/o Sri Kallimathu Nadar

Both are R/at No.22

I Cross, GKW Layout

Vijayanagar II Stage

Bengaluru-560 040.

4. The Regional Manager

National Insurance Co.

NO.144, MG Road

Shubharam Complex

Bengaluru-560 001.

&.Respondents

(By Shri A N Krishnaswamy, Advocate for R2 and 4;

R1, 3a and 3b notice dispensed with)

This Miscellaneous First Appeal is filed under Section

173(1) of Motor Vehicles Act, against the judgment and award

dated 17.10.2011 passed in MVC No.7304 of 2008 on the file of

the Principal MACT, Court of Small Causes, Bangalore, partly

3

allowing the claim petition for compensation and seeking

enhancement of compensation.

In MFA 2901 OF 2012:

BETWEEN

Regional Manager

National Insurance Co. Ltd.,

Regional Office

Subharam Complex

144, MG Road

Bengaluru-560 001.

...Appellant

(By Shri A N Krishnaswamy, Advocate)

AND

1. Kaliappan

S/o Kannu Gounder

Now aged about 57 years

2. Sangeetha

D/o Kaliappan

Now aged about 22 years

Both are R/at Laxman Nagar

Near Hegganahalli Cross

Sunkadakatte

Bengaluru-560 091.

3. Smt. Parvathi B

Major

W/o B Janardhana Naidu

Age: Major

R/at #1-27, Bonu Palli

Kanchana Palli

Thottambedu

Chittor-517 643.

Andhra Pradesh State

4

4. Regional Manager

New India Assurance Co. Ltd.,

Regional Office

2-B Unity Building Annexe

P Kalinga Rao Road

Bengaluru-560 027.

5. Sarvanan

Since dead by his LRs

5a. Smt. Thavamani

W/o Natarajan

Now aged about 50 years

5b. Natarajan

Now aged about 53 years

Both are R/at #22, I Cross

GKW Layout

Vijayanagar II Stage

Bengaluru-560 040.

&.Respondents

This Miscellaneous First Appeal is filed under Section

173(1) of Motor Vehicles Act, against the judgment and award

dated 17.10.2011 passed in MVC No.7305 of 2008 on the file of

the Principal MACT, Court of Small Causes, Bangalore, awarding

a compensation of Rs.2,79,000/- with interest @ 6% per annum

fro the date of petition till realisation.

In MFA 8453/2012

BETWEEN

1. Sri Kaliappan

Aged 53 years

S/o Kannu Gounder

2. Sangeetha

5

Aged 18 years

D/o Kalliappan

Both are R/at Laxman Nagar

Near Hegganahalli Cross

Sunkadakatte

Bengaluru-560 091.

&.Appellants

(By Shri S S Mahendra, Advocate)

AND

1. Smt. Parvathi B

Major in age

W/o B Janardhana Naidu

R/at 1-27, Bonu Palli

Kanchana Palli

Thottambedu

Chittor-517 643

2. The Regional Manager

New India Assurance Co. Ltd

Regional Office No.2-B

Unity Building Annex

Mission Road

Bengaluru-560 027.

3. Sarvanan

Since deceased represented by

his LRs.

3a. Smt. Thavamani

Aged 46 years

W/o Sri Natarajan

3b. Sri Natarajan

Aged 49 years

S/o Sri Kallimathu Nadar

6

Both are R/at No.22

I Cross, GKW Layout

Vijayanagar II Stage

Bengaluru-560 040.

4. The Regional Manager

National Insurance Co.

No.144, MG Road

Shubharam Complex

Bangalore-560 001.

&. Respondents

(By Sri A N Krishna Swamy, Advocate for R2 and 4)

Vide order dated 06.02.2015 notice to R1 and 3 dispensed with)

This Miscellaneous First Appeal