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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD

MFA No.4108 OF 2019 (MV)

C/W

M.F.A. CROB NO.67 OF 2021 (MV)

IN MFA No.4108 OF 2019 (MV)

BETWEEN:

LEGAL MANAGER

IFFCO TOKIO GIC LTD.,

CUSTOMER SERVICE CENTER

SRI SHANTHI TOWERS

5^TH FLOOR

NGEF LAYOUT

KASTURBANAGAR

BANGALORE- 560043.

…APPELLANT

(BY SRI PRADEEP B., ADVOCATE)

AND:

1.

SMT. SAVITHRAMMA

W/O MANJAPA

AGED ABOUT 46 YEARS

HOUSE NO.107-A,

R/O. TANIDGE VILLAGE

SORABA TALUK

SHIVAMOGA DISTRICT – 568 022.

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2.

RAVI S.P.

S/O PUTTASWAMI GOWDA

AGED ABOUT 37 YEARS.

3.

B.R. RAJENDRAPPAGOWDA

S/O RUDRAPPA GOWDA D R

MAJOR, R/O DONDANDURA SATALALU,

GENASINAKUNI

AVINAHALLI,

SAGAR TALUK –

SHIVAMOGGA - 568074

… RESPONDENTS

(BY SRI. CHIDAMBARA G.S., ADVOCATE FOR R1;

V/O DATED: 25.08.2021 NOTICE TO R2 D/W

R-3 SERVED – UNPRESENED)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND

AWARD DATED 12.02.2019 PASSED IN MVC NO.615/2017 ON

THE FILE OF THE SENIOR CIVIL JUDGE & XIII AMACT,

SORABA, AWARDING COMPENSATION OF RS.14,62,328/-

WITH INTEREST @ 6% P.A. FROM THE DATE OF PETITION

TILL REALIZATION.

M.F.A. CROB NO.67 OF 2021 (MV)

BETWEEN:

SAVITHRAMMA

AGED ABOUT 48 YEARS

W/O MANJAPPA

R/O HOUSE NO.107-A

TANDIGE VILLAGE,

SORABA TALUK-577429

SHIVAMOGGA DISTRICT.

...CROSS OBJECTOR

(BY SRI. CHIDAMBARA G.S., ADVOCATE)

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AND:

1.

RAVI S P

AGED ABOUT 39 YEARS

S/O PUTTASWAMAIGOWDA

DRIVER OF TRACTOR

R/O SORABA

SHIVAMOGGA DISTRICT-577 429.

2.

B.R.RAJENDRAPPA GOWDA

S/O RUDRAPPAGOWDA D.R.

OWNER OF TRACTOR

R/O DONANDURU SATALALU

GENASINAKUNI

AVINAHALLI, SAGAR TALUK

SHIVAMOGGA DISTRICT-577 401.

3.

IFCO TOKIO GENERAL INSURANCE

COMPANY LIMITED

SRISHANTHI TOWERS

5^TH FLOOR, NO.141

3^RD MAIN ROAD

EAT-M.G.E.S. LAYOUT

KASTOORINAGAR

BENGALURU – 560 043

….RESPONDENTS

(BY SRI. B. PRADEEP, ADVOCATE FOR R3;

V/O DATED: 25.08.2021 NOTICE TO R1 & R2 D/W)

MFA CROSS OBJECTION NO.67 OF 2021 IN MFA

4108/2019 IS FILED UNDER ORDER 41 RULE 22 R/W

SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND

AWARD DATED:12.02.2019 PASSED IN MVC NO.615/2017,

ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIII AMACT,

SORABA, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

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THIS MFA AND MFA CROB COMING ON FOR ORDERS,

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

MFA No.4108/2019 under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for

short) has been filed by the insurance company whereas MFA

Crob. No.67/2021 has been filed under Order 41 Rule 22 of

the Code of Civil Procedure, by the cross objector being

aggrieved by the judgment dated 12.02.2019 passed in

MVC.615/2017 by the Motor Accident Claims Tribunal at

Soraba, whereby the Tribunal has granted compensation of

Rs.14,62,328/- with interest @ 6% p.a. Since the challenge is

to the same judgment, both the appeal and cross objection

are clubbed together, heard and common judgment is being

passed.

2.

The brief facts of the case are that on 23/02/2017

at about 9.00 p.m., the deceased Raghukumar, son of the

claimant was proceeding on his Bajaj Platina bike bearing

registration No. KA-16/R-296, on Soraba-Sagar Main road, at

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the downward gradient road of Amachi village, at that time, a

Tractor bearing registration No. KA-15/TA-4069, which was

being driven by its driver in a rash and negligent manner, at

high speed, dashed against the bike of the deceased. As a

result of the aforesaid accident, the deceased sustained

grievous injuries and succumbed to the injuries.

3.

The claimant filed a petition under Section 166 of

the Act, seeking compensati