IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.22983 OF 2012 (MV-D)

BETWEEN:

THE ORIENTAL INSURANCE COMPANY LIMITED, R/BY ITS DIVISIONAL MANAGER, MADIWAL BUILDING, CLUB ROAD, BELAGAVI, R/BY ITS ASST. MANAGER, REGIONAL OFFICE, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI-29.

…APPELLANT (BY SRI G.N. RAICHUR, ADVOCATE FOR APPELLANT (V/C))

AND:

1. SMT. IRAWWA W/O. SHANKRAPPA RATHOD, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O. CHANAPUR LAMANI TANDA, TQ: RAMDURG, DIST: BELAGAVI.

2. SMT. GEETA SHIVASHING RAJPUT, AGE: MAJOR, OCC: BUSINESS, R/O. PLOT NO.26, H.NO.2, FORT, BELAGAVI, DIST: BELAGAVI.

(OWNER OF TRACTOR AND TRAILER NO.KA-22/6219 AND 6220)

Digitally signed by MALLIKARJUN RUDRAYYA 3. SRI SHANKAR @ SHANKRAPPA KALMATH S/O. SONAPPA RATHOD, Location: HIGH COURT OF AGE: MAJOR, OCC: DRIVER, KARNATAKA R/O. CHANAPUR DODDA LAMANI TANDA, TQ: RAMDURG, DIST: BELAGAVI.

…RESPONDENTS (BY SRI SHIVARAJ S.BALLOLLI, ADVOCATE FOR R1;

SRI HARISH S.MAIGUR, ADVOCATE FOR R2)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE M.V.ACT, SET ASIDE THE JUDGMENT AND AWARD DATED 09.04.2012, P