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HIGH COURT OF KARNATAKA
H.T. NARENDRA PRASAD
THE BRANCH MANAGER – Appellant
Versus
SRI NARAYANACHARI – Respondent
MFA/3666/2016
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH 2021
BEFORE
THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD
MFA No.3666 OF 2016(MV)
C/W
MFA No.3667 OF 2016(MV)
IN MFA 3666/2016
BETWEEN:
THE BRANCH MANAGER
CHOLAMANDALAM, GIC LTD
BRANCH OFFICE, 2ND FLOOR
DARE HOUSE, 2 NSC BOSE ROAD
CHENNAI – 01.
NOW REP. BY ITS
LEGAL MANAGER
SR MANAGER CLAIMS
CHOLAMANDALAM M S GIC LTD
NO 1/2, GOLDEN HEIGHTS
6TH FLOOR, 59TH C CROSS
4TH M BLOCK, RAJAJINAGAR
BANGALORE – 10.
...APPELLANT
(BY SRI. PRADEEP B., ADV.)
AND
1.
SRI NARAYANACHARI
2
S/O LATE. KEMPE EARACHARI
NOW AGED ABOUT 67 YEARS
R/AT 142, 1ST MAIN ROAD
4TH CROSS,
B CHANNASANDRA
BANASWADI POST
BANGALORE – 43.
2.
SRI KEMPANNA
S/O MUNIYAPPA
AGED ABOUT 42 YEARS
NO 142, T AGRAHARA
THIMMASANDRA BANGALORE – 62.
…RESPONDENTS
(BY SRI.C.RAJANNA, ADV. FOR R1 )
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
DATED:18.02.2016 PASSED IN MVC NO.1446/2014
ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE,
&
XXVII
ACMM,
MACT,
BANGALORE,
AWARDING COMPENSATION OF RS.9,96,200/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
IN MFA 3667/2016
BETWEEN:
THE BRANCH MANAGER
CHOLAMANDALAM, GIC LTD
BRANCH OFFICE, 2ND FLOOR
DARE HOUSE, 2 NSC BOSE ROAD
CHENNAI – 01.
NOW REP. BY ITS
3
LEGAL MANAGER
SR MANAGER CLAIMS
CHOLAMANDALAM M S GIC LTD
NO 1/2, GOLDEN HEIGHTS
6TH FLOOR, 59TH C CROSS
4TH M BLOCK, RAJAJINAGAR
BANGALORE – 10.
...APPELLANT
(BY SRI. PRADEEP B., ADV.)
AND
1.
SRI NARAYANACHARI
S/O LATE. KEMPE EARACHARI
NOW AGED ABOUT 67 YEARS
R/AT 142, 1ST MAIN ROAD
4TH CROSS,
B CHANNASANDRA
BANASWADI POST
BANGALORE – 43.
2.
SRI KEMPANNA
S/O MUNIYAPPA
AGED ABOUT 42 YEARS
NO 142, T AGRAHARA
THIMMASANDRA BANGALORE – 62.
…RESPONDENTS
(BY SRI.C.RAJANNA, ADV. FOR R1:
NOTICE TO R2 IS DISPENSED WITH
V/O DATED:23.02.2018 )
THIS MFA IS FILED UNDER SECTION 173(1) OF
MV ACT AGAINST THE JUDGMENT AND AWARD
4
DATED:18.02.2016 PASSED IN MVC NO.1447/2014
ON THE FILE OF THE I ADDITIONAL SMALL CAUSES
JUDGE,
&
XXVII
ACMM,
MACT,
BANGALORE,
AWARDING COMPENSATION OF RS.8,95,000/- WITH
INTEREST @ 6% P.A. FROM THE DATE OF PETITION
TILL REALIZATION.
THESE MFAs COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
These appeals under Section 173(1) of the Motor
Vehicles Act, 1988 (hereinafter referred to as ‘the Act’,
for short) have been filed by the Insurance Company
being aggrieved by the judgment dated 18-02-2016
passed by the Motor Accident Claims Tribunal. Since,
both the appeals arise out of the same accident, they
were heard together and are being decided by this
common judgment.
2.
Facts giving rise to the filing of the appeals
arise out of MVC.Nos.1446/2014 and 1447/2014,
briefly stated are that on 23-04-2013 at about 3.50
p.m., the deceased Gopamma and N.Nagaraju were
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proceeding in a Passion Plus motor cycle bearing
registration
No.KA-04-EW-6964
along
with
two
children from Banasawadi to Bytha village. When they
reached near Tank bund, Avalahalli, Bangalore-
Doddaballapur Road, at that time, a TATA ACE vehicle
bearing registration No.KA-50-4631 which was being
driven by its driver, at high speed, in a rash and
negligent manner, dashed against the deceased. As a
result of the aforesaid accident, the deceased
sustained grievous injuries and succumbed to the
injuries.
3.
The claimants filed a petition under Section
166 of the Act, seeking compensation for the death of
the deceased Gopamma and N.Nagaraju along with
interest.
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4.
On service of summons, though respondent
No.2 appeared through its counsel but not filed
written statement.
The respondent No.1 did not appear before the
Tribunal inspite of service of notice and hence was
placed ex-parte.
5.
On the basis o
