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MFA No. 204 of 2022 HC-KAR AND 17 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 5135 OF 2022 (MV-D)
C/W MISCELLANEOUS FIRST APPEAL NO. 203 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 204 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 3370 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 3416 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5128 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5136 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5150 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5154 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5156 OF 2022 (MV-D), MISCELLANEOUS FIRST APPEAL NO. 5160 OF 2022 (MV-D), Digitally signed by MOUNESHWARAPPA NAGARATHNA MISCELLANEOUS FIRST APPEAL NO. 5165 OF 2022 (MV-D), Location: High C ourt of Karnataka MISCELLANEOUS FIRST APPEAL NO. 5526 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5531 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5532 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5537 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5540 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5541 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5542 OF 2022 (MV-I), MISCELLANEOUS FIRST APPEAL NO. 5547 OF 2022 (MV-I)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS IN MFA No. 5135/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX, RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2nd FLOOR, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-01.
…APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE)
AND:
11. SMT. ZEENATH W/O. P.H. MOHAMMED AGED ABOUT 39 YEARS.
22. P.H. MOHAMED S/O. HASANABBA AGED ABOUT 47 YEARS BOTH ARE RESIDENT OF NO. 4-4, KANEKERE HOUSE, BELMA, BELMA VILLAGE, MANGALORE, D.K DISTRICT - 574 160.
ALSO AT: SUITA RESIDENCE, GREEN GROUND, DAREALKATTE, MANGALORE.
33. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD MFA No. 204 of 2022 HC-KAR AND 17 OTHERS CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL- 575 018.
44. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY, MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV, JODUMARGA (P), NEAR NARAYANA GURU MANDIR, BANTWAL, BANTWAL TALUK - 575 018.
…RESPONDENTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES FOR R-1 & R-2;
SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA, ADVOCATES FOR R-3 & R-4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1206/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS. 1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 203/2022 BETWEEN:
1. SRI MOHAMMED IQBAL AGED ABOUT 40 YEARS S/O. B. MUHAMMED.
2. MOHAMED ISHAN AGED ABOUT 11 YEARS S/O. MOHAMED IQBAL APPELLANTS NO.2 IS MONOR, REPRESENTED BY MINOR GUARDIAN /FATHER MOHAMMED IQBAL, APPELLANT NO.1 MFA No. 204 of 2022 HC-KAR AND 17 OTHERS APPELLANTS NO.1 AND 2 ARE RESIDING AT NO.2-43 GREEN GROUND HOUSE DERALAKATTE POST BLEMA, MANGALORE DAKSHINA KANNADA DISTRICT - 575 001.
...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES)
AND:
1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
2. MRS. MALATHI SANJEEVA POOJARY MAJOR W/O. SANJEEVA POOJARY RESIDING AT "GURU KRIPA"
GANADAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNDA DISTRICT - 574 211.
3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005.
...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 &
R-2;
SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3;)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 1212 OF 2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 204/2022 BETWEEN:
SRI MUHAMMED IQBAL AGED ABOUT 40 YEARS S/O. B. MUHAMMED RESIDING AT CHALLIANKA POST NO. 3-55, BELMA, GREEN GROUND DERALAKATTE POST MANGALURU DAKSHINA KANNADA DISTRICT - 575 001.
...APPELLANT (BY SRI LOKESH D.K., FOR SRI P. NATARAJU, ADVOCATE)
AND:
1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD, BANTWAL, DAKSHINA KANNADA DISTRICT - 574 211.
2. MRS. MALATHI SANJEEVA POOJARY, MAJOR, W/O. SANJEEVA POOJARY RESIDING AT GURU KRIPA GANADAPADAV MFA No. 204 of 2022 HC-KAR AND 17 OTHERS JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005.
...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 &
R-2;
SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 IN MVC NO.1211/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 3370/2022 BETWEEN:
1. SMT. ZEENATH W/O. P.H. MOHAMMED AGED ABOUT 39 YEARS
2. P.H. MOHAMMED S/O. HASANABBA AGED ABOUT 47 YEARS APPELLANTS NO. 1 AND 2 ARE RESIDING AT NO.4-4 KANEKERE HOUSE, BELMA, BELMA VILLAGE, MANGALORE, DAKSHINA KANNADA DISTRICT - 574 161.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS AND ALSO RESIDING AT SUITA RESIDENCE GREEN GROUND DERALAKATTE VILLAGE, MANGALORE DAKSHINA KANNADA DISTRICT - 575 001.
...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU, ADVOCATES)
AND:
1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C.ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
2. MRS. MALATHI SANJEEVA POOJARY MAJOR, W/O. SANJEEVA POOJARY RESIDING AT "GURU KRIPA"
GANADAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX, RAMASWAMY CIRCLE, MYSURU - 570 005.
...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 &
R-2;
SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1206/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
IN MFA NO. 3416/2022 BETWEEN:
1. SRI MOHAMED ASHRAF AGED ABOUT 45 YEARS S/O. LATE ABDUL REHAMAN
2. SMT. ZOHAR AGED ABOUT 53 YEARS W/O. LATE MOHAMMED ALI D/O. LATE ABDUL REHAMAN
3. SMT. ZAINABA AGED ABOUT 48 YEARS W/O. MOHAMED D/O. LATE ABDUL REHAMAN
4. SMT. ASMA AGED ABOUT 46 YEARS W/O. T.K. AHMED D/O. LATE ABDUL REHAMAN APPELLANTS NO.1 TO 4 ARE RESIDING AT ASIYAMMA MANZIL NO.3-317, THIBLE PADAVU HOUSE POST ASAIGOLI, KONAJE MANGALORE DAKSHINA KANNADA DISTRICT - 575 001.
...APPELLANTS (BY SRI LOKESH D.K., FOR SRI P. NATARAJU., ADVOCATES)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS AND:
1. SRI N. SHESHAPPA GOWDA AGED ABOUT 50 YEARS S/O. N. RAMANNA GOWDA RESIDING AT GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C.ROAD, BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
2. MRS. MALATHI SANJEEVA POOJARY MAJOR W/O. SANJEEVA POOJARY RESIDING AT GURU KRIPA GANDAPADAV JODUMARGA POST NEAR NARAYANA GURU MANDIR BANTWAL DAKSHINA KANNADA DISTRICT - 574 211.
3. THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE MYSURU - 570 005.
...RESPONDENTS (BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-1 &
R-2;
SRI A.N. KRISHNA SWAMY, ADVOCATE FOR R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31.12.2019 IN MVC NO.1205/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS IN MFA NO. 5128/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 560 001.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE)
AND:
1. MOHAMMED IQBAL S/O. B. MUHAMMED AGED ABOUT 40 YEARS RESIDENT OF CHALLIANKA POST NO.3-55, BELMA GREEN GROUND, DERALAKATTE POST, MANGALURU, D. K. - 575 008.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDING OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWAL - 575 018.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEARS NARAYANA GURU MANDIR BANTWAL, MFA No. 204 of 2022 HC-KAR AND 17 OTHERS BANTWAL TALUK- 575 018.
...RESPONDENTS (R1 IS SERVED BUT UNREPRESENTED;
BY SRI MADHU KUMAR H.M., FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-2 &
R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1211/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5136/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU-560 001.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY, ADVOCATE)
AND:
1. MOHAMMED IQBAL S/O. B. MOHAMMED AGED ABOUT 40 YEARS
2. MOHAMED ISHAN S/O. MOHAMMED IQBAL AGED ABOUT 11 YEARS SINCE MINOR, REPRESENTED BY MFA No. 204 of 2022 HC-KAR AND 17 OTHERS NEXT FRIEND/FATHER MOHAMMED IQBAL BOTH ARE RESIDING OF NO.2-43 GREEN GROUND HOUSE DERALAKATTE POST, BELMA MANGALORE D.K. DISTRICT-575 008.
3. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL - 575 018.
4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL BANTWAL TALUK - 575 018.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1 & R-2;
(R-2 MINOR REPRESENTED BY R-1)
R-3 & R-4 ARE SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 1212/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, PERIYAPATNA, AWARDING COMPENSATION OF RS. 8,86,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS IN MFA NO. 5150/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BANGALORE-01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. K. MOHAMMED S/O. SEEDIABBA AGED ABOUT 59 YEARS
2. SMT. SAFIA W/O. K. MOHAMED AGED ABOUT 52 YEARS BOTH ARE RESIDENT OF NO.7-156-4, PAKKALADKA BAJAL POST, NEAR SHAFI CLINIC PADIL, D.K DISTRICT-574 160 MANGALORE.
ALSO AT SUITA RESIDENCE GREEN GROUND, DAREALKATTE MANGALORE.
3. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD MFA No. 204 of 2022 HC-KAR AND 17 OTHERS BANTWAL-575 018.
4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDENT OF GURU KRIPA GANDAPADAV, JODUMARA(P)
NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TQ-575 018.
...RESPONDENTS (R-1 & R-2 ARE SERVED BUT UNREPRESENTED (R-2 MINOR REPRESENTED BY R-1)
BY SRI MADHU KUMAR H.M. FOR SRI JAGADEESHA GOWDA., ADVOCATES FOR R-3 &
R-4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1210/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MEMBER, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.6,78,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5154/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS AND:
1. SMT. AFSA W/O. LATE AMEER @ AMEER KHAN AGED ABOUT 45 YEARS 2. MOHAMMED ARIFF S/O. LATE AMEER @ AMEER KHAN AGED ABOUT 26 YEARS
3. SMT. ISAMMA W/O. LATE HASSAN SAB AGED ABOUT 67 YEARS ALL ARE RESIDING OF DERALAKATTE VILLAGE MANGALORE D.K.
4. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDING OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL-575 018.
55. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TQ - 575 018.
...RESPONDENTS (VIDE ORDER DATED 19-04-2024 NOTICE TO R-4 IS HELD SUFFICIENT;
R-5 IS SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MFA No. 204 of 2022 HC-KAR AND 17 OTHERS MVC NO.1214/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.7,90,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF DEPOSIT.
IN MFA NO. 5156/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU-01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. SMT. ZEENATH W/O. P. H. MOHAMED AGED ABOUT 39 YEARS
2. P. H. MOHAMED S/O. HASANABBA AGED ABOUT 47 YEARS BOTH ARE RESIDENT OF NO.4-4 KANEKERE HOUSE, BELMA BELMA VILLAGE MANGALORE, D.K-574 160 ALSO AT SUITA RESIDENCE GREEN GROUND, DARALAKATTE MANGALORE-575 008.
3. N. SHESHAPPA GOWDA MFA No. 204 of 2022 HC-KAR AND 17 OTHERS S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWAL-575 008.
4. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAVU JODUMARGA(P)
NEAR NARAYANA GURU MANDIR BANTWAL, BANTWL TALUK - 575 008.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1 & R-2;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-3 & R-4) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1215/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,80,000/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5160/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESITGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR, SHUBHRAM COMPLEX M.G. ROAD, MFA No. 204 of 2022 HC-KAR AND 17 OTHERS BENGALURU-01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. MOHAMED ASHRAF S/O. LATE ABDUL REHAMAN AGED ABOUT 45 YEARS
2. SMT. ZOHAR W/O. LATE MOHAMMED ALI D/O. LATE ABDUL REHAMAN AGED ABOUT 53 YEARS
3. SMT. ZAINABA W/O. MOHAMED AGED ABOUT 48 YEARS D/O. LATE ABDUL REHAMAN
4. ASMA W/O. T. K. AHMED D/O. LATE ABDUL REHAMAN AGED ABOUT 46 YEARS ALL ARE RESIDING AT ASIYAMMA MANZIL
3-317, THIBLE PADAVU HOUSE POST ASAIGOLI, KONAJE MANGALURU, D.K - 575 008.
5. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B. C. ROAD BANTWA - 575 018.
66. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA MFA No. 204 of 2022 HC-KAR AND 17 OTHERS GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 575 018.
...RESPONDENTS (R-1 TO R-4 & R-6 ARE SERVED BUT UNREPRESENTED;
VIDE ORDER DATED 19-04-2024 NOTICE TO R-5 IS HELD SUFFICIENT)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1205/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,90,800/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5165/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. SMT. BUSHRA W/O. RAMEEZ, AGED ABOUT 32 YEARS RESIDENT OF SUHAIFA GREEN GROUND HOUSE DERALAKATTE POST, BALMA MANGALORE, D.K.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS
2. RAZIYA W/O. HAMEED AGED ABOUT 37 YEARS
3. ZEENATH W/O.P.H. MOHAMED AGED ABOUT 36 YEARS
4. MOHAMED ASIF S/O. LATE HAMEED AGED ABOUT 33 YEARS ALL ARE RESIDENT OF SUHAIFA GREEN GROUND HOUSE DERALAKATTE POST, BELMA MANGALORE, D K - 575 008.
5. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B C ROAD BANTWAL - 575 018.
6. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV JODUMARGA (P)
NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 575 018.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P NATARAJU, ADVOCATE FOR R-1; R-6 IS SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MFA No. 204 of 2022 HC-KAR AND 17 OTHERS MVC NO.1213/2015 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,55,600/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5526/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR, SHUBARAM COMPLEX M.G. ROAD, BENGALURU-01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. SMT. ZEENATH W/O. P.H. MAHAMED AGED ABOUT 39 YEARS RESIDENT OF DARALAKATTE BELMA VILLAGE MANGALURU, D.K. - 574 160.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA PADPU, B.C. ROAD BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK-574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.609/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.3,19,968/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5531/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU-01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. SMT. BUSHRA W/O. RAMEEZ AGED ABOUT 30 YEARS RESIDENT OF 'SUHAIFA'
DARALAKATTE, BELMA VILLAGE MANGALURU-574 160.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDING OF GURU KRIPA, GANADAPADAV JODUMARGA (P), NEAR NARAYANA GURU MANDIR, BANTWAL - 574 211 BANTWAL TALUK. ...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.612/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, THE AWARDING COMPENSATION OF RS.2,23,217/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5532/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR MFA No. 204 of 2022 HC-KAR AND 17 OTHERS SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. AFREED S/O. ABUBAKAR AGED ABOUT 23 YEARS RESIDING OF NO.214, 9TH BLOCK KATTIPALLA POST MANGALORE TALUK - 574 160.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL-574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV JODUMARGA (P)
NEAR NARAYANA GURU MANDIR BANTWAL, BANTWAL TALUK - 574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1208/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,40,026/- WITH MFA No. 204 of 2022 HC-KAR AND 17 OTHERS INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5537/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX M.G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. SMT. RAZIA W/O. HAMEED AGED ABOUT 32 YEARS RESIDING OF NO. 3-154/2 FARINGIPETE HOUSE FARINGIPETE POST FARINGIPETE, BANTWAL - 574 211.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
R-2 & R-3 ARE SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.1207/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.2,56,985/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5540/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. P. H. MAHMED S/O. HASANABBA AGED ABOUT 47 YEARS RESIDENT OF DARALAKATTE VILLAGE MANGALORE - 574 160.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA, GANADAPADAV JODUMARGA (P)
NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.82/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS.1,33,788/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5541/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO. 371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO. 144, 2ND FLOOR SHUBHARAM COMPLEX MFA No. 204 of 2022 HC-KAR AND 17 OTHERS M.G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. MOHAMED ARIF S/O. AMEER AGED ABOUT 26 YEARS RESIDENT OF NO. 2-43 BELMA, DARALAKATTE NITHYANANDANAGAR MANGALURU, D.K - 574 160.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B.C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY WIFE OF SANJEEVA POOJARY MAJOR, RESIDING OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL-574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
R-2 & R-3 ARE SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.610/2015 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PERIYAPATNA, THE AWARDING COMPENSATION OF RS.1,74,678/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS IN MFA NO. 5542/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. ISMAIL @ ISMAIL HAFEEZ S/O. HAMEED AND SMT. RAZIA AGED ABOUT 16 YEARS SINCE MINOR REPRESENTED BY HIS NEXT FRIEND / MOTHER SMT. RAZIA W/O. HAMEED BOTH RESIDING AT NO.3-154/2 FARANGIPETE HOUSE FARANGIPETE POST, PUDU BANTWAL, DAKSHINA KANNADA - 574 211.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDENT OF GURU KRIPA ROAD CARRRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P)
MFA No. 204 of 2022 HC-KAR AND 17 OTHERS NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
SRI MADHU KUMAR H.M., ADVOCATE FOR SRI JAGADEESHA GOWDA, ADVOCATE FOR R-2 & R-3) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO. 613/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS. 3,58,805/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
IN MFA NO. 5547/2022 BETWEEN:
NATIONAL INSURANCE COMPANY LIMITED NO.371/A, PRESTIGE SHOPPING COMPLEX RAMASWAMY CIRCLE, MYSURU NOW REPRESENTED BY THE MANAGER NATIONAL INSURANCE COMPANY LIMITED NO.144, 2ND FLOOR SHUBHARAM COMPLEX M. G. ROAD, BENGALURU - 01.
...APPELLANT (BY SRI A. N. KRISHNA SWAMY., ADVOCATE)
AND:
1. MOHAMMED IQBAL S/O. B. MOHAMED AGED ABOUT 40 YEARS RESIDING AT CHALLEEDKA HOUSE DARALAKATTE POST MFA No. 204 of 2022 HC-KAR AND 17 OTHERS MANGALORE, D.K. - 574 160.
2. N. SHESHAPPA GOWDA S/O. N. RAMANNA GOWDA AGED ABOUT 50 YEARS RESIDEMT OF GURU KRIPA ROAD CARRIERS GANADA, PADPU B. C. ROAD, BANTWAL - 574 211.
3. MRS. MALATHI SANJEEVA POOJARY W/O. SANJEEVA POOJARY MAJOR, RESIDENT OF GURU KRIPA GANADAPADAV, JODUMARGA (P) NEAR NARAYANA GURU MANDIR BANTWAL TALUK, BANTWAL - 574 211.
...RESPONDENTS (BY SRI LOKESH D.K., ADVOCATE FOR SRI P. NATARAJU., ADVOCATE FOR R-1;
R-2 & R-3 ARE SERVED BUT UNREPRESENTED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT AGAINST THE JUDGMENT AND AWARD DATED 31-12-2019 PASSED IN MVC NO.616/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, PERIYAPATNA, AWARDING COMPENSATION OF RS. 2,51,389/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.
THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T MFA No. 204 of 2022 HC-KAR AND 17 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VENKATESH NAIK T)
As these appeals are arising out of common judgment and award of the Tribunal, they are heard together and disposed off by this common judgment.
2. Miscellaneous First Appeal Nos.5135 of 2022, 5128 of 2022, 5136 of 2022, 5150 of 2022, 5154 of 2022, 5156 of 2022, 5160 of 2022, 5165 of 2022, 5526 of 2022, 5531 of 2022, 5532 of 2022, 5537 of 2022, 5540 of 2022, 5541 of 2022, 5542 of 2022 and 5547 of 2022 are filed by the Insurance Company seeking reduction of the compensation awarded by the Tribunal on the ground of negligence, liability and quantum of compensation awarded by the Tribunal, whereas, Miscellaneous First Appeal Nos.203 of 2022, 204 of 2022, 3370 of 2022 and 3416 of 2022 are filed by the claimants seeking enhancement of compensation awarded by the Tribunal in MVC Nos.1205 of 2015, 1206 of 2015, 1207 of 2015, 1208 of 2015, 1210 of 2015, 1211 of 2015, 1212 of 2015, 1213 of 2015, 1214 of 2015, 1215 of 2015, 609 of 2015, 610 of 2015, 612 of 2015, 613 of 2015, 616 of 2015 and 82 of 2015 by learned Senior Civil Judge and JMFC and MACT, Periyapatna, dated 31.12.2019, whereby, the Tribunal awarded compensation to the claimants as per the tabular column mentioned hereinbelow with interest at the rate of 6% per annum, the details of which are as under:
3. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribunal.
4. The brief facts of the case are that:-
On 14.05.2014, at about 5.00 a.m., near Kadubasappa temple of Kamalapura village, on B.M. Road, Periyapatna Taluk, Mangaluru, while Smt. Asiyamma, Mohammed Mustafa, Zunaid, Smt. Rukiya, Safida, Mohammed Ishan, Smt. Fouzia, Ameer @ Ameer Khan and others were traveling in Tempo Traveller bearing registration No.KA-19 AA 2343 towards Mangaluru, at the same time, the driver of the lorry bearing registration No.KA 19 D 4617 came in rash and negligent manner and dashed against the Tempo Traveller and caused the accident.
As a result, the aforesaid inmates and others of the Tempo Traveller sustained severe injuries. Smt. Asiyamma, Mohammed Mustafa, Zunaid, Smt. Rukiya, Safida, Mohammed Ishan, Smt. Fouzia, Ameer @ Ameer Khan died due to the accidental injuries. Thus, this led to registration of FIR and investigation. Hence, the claimants filed claim petitions under Section 166 of Motor Vehicles Act, 1988 seeking compensation before the Tribunal. The Tribunal allowed the claim petitions in- part and granted compensation as stated in the above tabular column.
5. Being aggrieved by the award passed by the Tribunal, the claimants and the Insurance Company preferred the above appeals.
In MFA No.3370/2022 and MFA 5135/2022
(MVC.No.1206/2015-deceased Mohammed Mustafa, Minor aged 1 ½ years)
&
MFA 204/2022 and MFA 5128/2022 (MVC.No.1211/2015-deceased-Mohammed Ishan, Minor aged about 6 years).
6. Sri. P. Nataraju, learned counsel for the claimants vehemently contended that the Tribunal awarded meager compensation for the death of deceased Mohammed Ishan, aged 6 years and Mohammed Mustafa, aged 1½ years. On account of untimely death, the claimants have undergone shock and mental agony, they have lost love and affection of their sons, but, the Tribunal awarded a compensation of Rs.1,80,000/- respectively, as global compensation, in both the petitions, which is grossly inadequate.
7. Sri. A.N. Krishna Swamy, learned counsel for Insurance Company vehemently contended that, the Tribunal was required to take note of the provision of Section 141(1) of M.V. Act, as the Insurer of the lorry had taken up specific defence to the effect that the licence held by the driver of the lorry was not valid and subsisting, as such, in any event, the driver of the lorry cannot be considered as a duly licensed person to drive the lorry, which was carrying hazardous goods. Secondly, the Tribunal failed to notice that the Insurer is not required to pay any compensation as it has established a defence un
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