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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF JANUARY, 2021

PRESENT

THE HON'BLE MRS. JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

MFA.NO.7279 OF 2016(MV-I)

C/W

MFA.NO.7110 OF 2016(MV-I)

IN MFA.NO.7279 OF 2016

BETWEEN:

THE DIVISIONAL MANAGER

M/S. THE ORIENTAL INSURANCE COMPANY LIMITED

VISHNU PRAKASH BUILDING

COURT ROAD, UDUPI

THROUGH ITS REGIONAL OFFICE

2^ND FLOOR, SUMANGALA COMPLEX

LAMINGTON ROAD

HUBLI - 580 020

REPRESENTED BY ITS REGIONAL MANAGER

....APPELLANT

(BY SRI. B.S. UMESH, ADVOCATE)

AND:

1 . RAYAN FERNANDES

S/O FELIX FERNANDES

AGED ABOUT 29 YEARS

R

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RESIDING AT "FERNANDES VILLA"

MUDAR VILLAGE

POST BAJAGOLI, KARKALA TALUK

UDUPI DISTRICT - 574 122

2 . MOHAMMED FAISAL

S/O SHEIK MOHAMMAD IQBAL

AGED ABOUT 27 YEARS

RESIDING AT YUSUF COMPOUND

IN FRONT OF SAINT MARY'S COLLEGE

SHIRVA VILLAGE

UDUPI TALUK AND DISTRICT - 574 116

….RESPONDENTS

(BY SRI. UMESH MULIMANI, ADVOCATE FOR

SRI. S.V. PRAKASH, ADVOCATE FOR R1, V/O DATED

16.01.2020 NOTICE TO R2 IS HELD SUFFICIENT)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED: 08.07.2016 PASSED

IN MVC NO.230/2010 ON THE FILE OF THE PRINCIPAL DISTRICT

JUDGE, MEMBER, MACT, UDUPI, AWARDING COMPENSATION OF

RS. 22,77,400/- WITH INTEREST @ 6% P.A. FROM THE DATE OF

PETITION TILL REALIZATION.

IN MFA.NO.7110 OF 2016

BETWEEN:

SRI. RAYAN FERNANDES

S/O FELIX FERNANDES

AGED ABOUT 29 YEARS

RESIDING AT "FERNANDES VILLA"

MUDAR VILLAGE

POST BAJAGOLI KARKALA TALUK

UDUPI DISTRICT - 574 102

....APPELLANT

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(BY SRI. UMESH MULIMANI, ADVOCATE FOR

SRI. S.V. PRAKASH, ADVOCATE)

AND:

1 . SRI MOHAMMED FAISAL

S/O SHEIK MOHAMMAD IQBAL

AGED ABOUT 27 YEARS

RESIDING AT YUSUF COMPOUND

IN FRONT OF SAINT MARRY'S COLLEGE

SHIRVA VILLAGE

UDUPI TALUK AND DISTRICT - 576 101

2. THE DIVISIONAL MANAGER

M/S. THE ORIENTAL INSURANCE COMPANY LIMITED

VISHNU PRAKASH BUILDING

COURT ROAD, UDUPI-576 101

REPRESENTED BY ITS DIVISIONAL MANAGER

….RESPONDENTS

(BY SRI. B.S. UMESH, ADVOCATE FOR R2,

NOTICE TO R1 IS SERVED AND UNREPRESENTED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED: 08.07.2016 PASSED

IN MVC NO.230/2010 ON THE FILE OF THE PRINCIPAL DISTRICT

JUDGE, MEMBER, MACT, UDUPI, PARTLY ALLOWING THE CLAIM

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 08.12.2020, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT

THIS

DAY,

SACHIN

SHANKAR

MAGADUM J.,

DELIVERED THE FOLLOWING:

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JUDGMENT

The captioned appeals are directed against the judgment

and award dated 8.7.2010 passed in MVC.No.230/2010 by the

Principal

District

Judge

and

Member,

MACT,

Udupi.

MFA.No.7279/2016 is filed by the Insurance Company

questioning false implication of the rider of the bike by the

first respondent-claimant with the connivance of the second

respondent-owner of the bike, whereas the claimant has

referred MFA.No.7110/2016 seeking enhancement.

2.

For the sake of convenience, the parties are

referred to as per their rank before the Tribunal.

3.

The facts leading to the filing of the above appeals

are as under:

The claimant filed a claim petition claiming compensation

of Rs.51 lakhs with interest at 12% p.a. The claimant

specifically contended in the claim petition that on 24.9.2008

at about 10.15 p.m., he was walking by the side of the road

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and when he reached Bhajanakatte- Bommarabettu, Udupi

Taluk, a motor cycle bearing Regn.No.KA-20/V-1137 came

from the hind side in a rash and negligent manner to the

extreme side of the road and dashed against the cement drain

and thereafter dashed against him, as a result of the same

claimant fell down and sustained grievous injuries. Claimant

was immediately shifted to Kamath Nursing H