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CNR: KAHC030235292020 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5^TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE K V ARAVIND MISCL. FIRST APPEAL NO. 200873 OF 2021 (MV-I)

C/W MISCL. FIRST APPEAL NO. 200772 OF 2021 (MV-I)

IN MFA No. 200873/2021 BETWEEN:

CHANDRAKANTH S/O RACHAPPA KADAGUD, AGE ABOUT 31 YEARS, OCC.NEKRTC DRIVER, CUM-CONDUCTOR SHAHAPUR DEPOT.

SHAHAPUR, NOW NIL, R/O SAGAR (B), SHAHAPUR TALUKA DIST.YADGIR-585223 …APPELLANT (BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE)

AND:

1. MANZOOR AHMED S/O ABDUL RAHMAN, AGE:58 YEARS, OCC:BUSINESS, R/O TIPPANATGI VILLAGE, TQ.SHORAPUR -585220, DIST.YADGIR (OWNER OF OFFENDING LORRY (H.G.V)

VEHICLE BEARING NO.AP-20-Y-0459)

CNR: KAHC030235292020

2. THE BRANCH MANAGER, BHARTI AXA GENERAL INSURANCE CO. LTD., CENTRAL BUILDING 1^ST FLOOR, OPP.OLD POLICE STATION, DHARAWAD ROAD, VIDYANAGAR, HUBLI-580021 (INSURER OF OFFENDING LORRY (H.G.V)

VEHICLE BEARING NO.AP-20-Y-0459

3. ANNARAY S/O SHIVASHARANAPPA BELEBHAVI, AGED ABOUT 38 YEARS, OCC:BUSINESS, R/O BENNUR VILLAGE, TQ.JEWARGI, DIST.KALABURAGI-585310 (OWNER OF OFFENDING LORRY (H.G.V) VEHILCE BEARING NO.KL-11-L-4316)

4. SRI RAM GENERAL INSURANCE CO. LTD., THROUGH ITS BRANCH MANAGER, CTS NO.477/1M-1 1^ST FLOOR, V,A KALABURAGI HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBLI-580020 (INSURER OF OFFENDING LORRY (H.G.V) VEHICLE BEARING NO.KL-11-L-4316)

…RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;

SRI SUBHASH MALLAPUR, ADVOCATE FOR R4;

V/O DTD.04.06.2026 NOTICE TO R1 & R3 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO, A) CALL FOR THE RECORDS IN MVC NO. 02/2017 PASSED BY THE SENIOR CIVIL JUDGE AND ADDL. MACT-4 AT SHAHAPUR. B) WHEREFORE IT IS HEREBY PRAYED THAT, THIS HON’BLE COURT BE PLEASED TO ALLOW THE ABOVE MISC. FIRST APPEAL AND AWARD COMPENSATION OF RS. 14,00,000/- ALONG WITH INTEREST AT 12% PER ANNUM BY MODIFYING THE JUDGMENT AND AWARD DATED 25.06.2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND ADDL.

MACT-4 AT SHAHAPUR, IN MVC NO. 02/2017. AND ETC.

CNR: KAHC030235292020 IN MFA NO. 200772/2021 BETWEEN:

MAHANTESH S/O BASAPPA KONDAGULI @ PUJARI, AGE ABOUT 30 YEARS, OCC:NEKRTC DRIVER SHAHAPUR DEPOT, SHAHAPUR, NOW NIL, R/O VILLAGE IVOOR / YEWUR, SHAHAPUR TALUKA, DIST.YADGIR-585224.

...APPELLANT (BY SRI. SIDRAMREDDY VENKANNA PARADDY, ADVOCATE)

AND:

1. MANZOOR AHMED S/O ABDUL RAHMAN, AGE:58 YEARS, OCC:BUSINESS, R/O TIPPANATGI VILLAGE, TQ.SHORAPUR-585220, DIST.YADGIR.

(OWNER OF OFFENDING LORRY (H.G.V) VEHICLE BEARING NO.AP-20-Y-04589).

2. THE BRANCH MANAGER, BHARTI AXA GENERAL INSURANCE CO. LTD., CENTRAL BUILDING 1^ST FLOOR, OPP.OLD POLICE STATION, DHARAWAD ROAD, VIDYANAGAR, HUBLLI-580021 (INSURER OF OFFENDING LORRY H.G.V)

VEHICLE BEARING NO.AP-20-Y-0459.

3. ANNARAY S/O SHIVASHARANAPPA BELEBHAVI, AGED ABOUT 38 YEARS, OCC:BUSINESS, CNR: KAHC030235292020 R/O BENNUR VILLAGE, TQ.JEWARGI, DIST.KALABURAGI-585310, (OWNER OF OFFENDING LORRY (H.G.V) VEHICLE BEARING NO.KL-11-L-4316).

4. SRI RAM GENERAL INSURANCE CO. LTD.

THROUGH ITS BRANCH MANAGER, CTS NO.477/1M-1, 1ST FLOOR, V.A KALABURAGI HALLMARK BUILDING, DESAI CROSS, PINTO ROAD, HUBLLI-580020 (INSURER OF OFFENDING LORRY (H.G.V)

VEHICLE BEARING NO.KL-11-L-4316)

...RESPONDENTS (BY SRI MANJUNATH MALLAYYA SHETTY, ADVOCATE FOR R2;

SRI SUBHASH MALLAPUR, ADVOCATE FOR R4; V/O DTD.25.08.2022 NOTICE TO R1 AND R3 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, PRAYING TO a) CALL FOR THE RESOCRD IN MVC NO.01/2017 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC ADDL. MACT-4 AT SHAHAPUR. b) ALLOW THE ABOVE MISC. FIRST APPEAL AND AWARD COMPENSATION OF RS.14,39,000/- ALONG WITH INTEREST AT 12% P.A BY MODIFYING THE JUDGMENT AND AWARD DATED 25.06.2020 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND ADDL. MACT-4 AT SHAHAPUR, IN MVC NO.01/2017. AND ETC.

THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE K V ARAVIND CNR: KAHC030235292020 ORAL JUDGMENT Heard