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HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM,S.N.SATYANARAYANA
SRI. SURESH KUMAR.A – Appellant
Versus
SRI. SATHISH H.N. – Respondent
MFA/8513/2015
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF OCTOBER, 2019
PRESENT
THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA
AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM
M.F.A.NO.8513/2015(MV-D)
C/W
M.F.A.NO.9098/2015(MV-D)
IN M.F.A.NO. 8513/2015
BETWEEN
1.
SRI. SURESH KUMAR.A
S/O. M. AMARCHAND JAIN,
AGED ABOUT 45 YEARS,
R/AT NO.30/1, "B" CROSS,
EAST LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
2.
SMT. LALITHA.S
W/O. SRI. SURESH KUMAR.A.
AGED ABOUT 38 YEARS,
R/AT NO.30/1, "B" CROSS,
EAST LINK ROAD,
MALLESHWARAM,
BENGALURU-560 003.
... APPELLANTS
(BY SRI A K BHAT, ADVOCATE)
AND
1.
SRI. SATHISH H.N.
S/O. NAGEGOWDA,
HARI HARADA HALLI VILLAGE,
®
2
MARLE POST,
CHIKKAMAGALUR TALUK
AND DISTRICT -577 101.
2.
SHRIRAM GENERAL INSURANCE CO. LTD.,
REPRESENTED BY THE MANAGER,
NO.5, 2ND FLOOR, MONARCH CHAMBERS,
INFANTRY ROAD,
BENGALURU-560 001.
3.
SRI. NITHIN KUMAR
S/O. MAHAVEER CHAND,
VARALAXMI JEWELLERS,
M.G. ROAD,
CHIKAMAGALURU- 577 101.
4.
BRANCH MANAGER
M/S THE ORIENTAL INSURANCE CO. LTD.
BRANCH OFFICE, NAG NIRMAL COMPLEX
1ST FLOOR, OPP:RANGANNA CHOUTRY
BASAVANAHALLI MAIN ROAD,
P.B.NO.68
CHIKMAGALUR-577101
POLICY NO.472602/31/2011/12400
HONDA ACTIVA KA-18-S-6120 ... RESPONDENTS
(BY SRI SURESH M LATUR, ADVOCATE FOR R1
SRI B.C.SHIVANNAGOWDA, ADVOCATE FOR R2,
SRI GOPALAKRISHNA.N, ADVOCATE FOR R3,
SRI A.RAVISHANKAR, ADVOCATE FOR R4)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:10.07.2015 PASSED IN
MVC NO.5992/2013 ON THE FILE OF THE SMALL CAUSES
AND JUDGE, 26TH ACMM, (SCCH-09), MACT, BENGALURU,
PARTLY
ALLOWING
THE
CLAIM
PETITION
FOR
COMPENSATION
AND
SEEKING
ENHANCEMENT
OF
COMPENSATION.
3
IN M.F.A.NO.9098/2015
BETWEEN
M/S SHRIRAM GENERAL INSURANCE
COMPANY LTD.,
REGIONAL OFFICE, NO.5, 2ND FLOOR,
MONARCH CHAMBERS,
INFANTRY ROAD, BANGALORE,
REPTD. BY ITS BRANCH MANAGER,
NOW REPRESENTED BY ITS
M/S. SHRIRAM GENERAL
INSURANCE COMPANY LTD.,
NO.302, 3RD FLOOR,
S & S CORNER BUILDING,
OPP. BOWRING AND CURZON HOSPITAL,
SHIVAJINAGAR, BANGALORE-560 001,
REPTD. BY ITS LEGAL OFFICER
... APPELLANT
(BY SRI B C SHIVANNE GOWDA, ADVOCATE)
AND
1.
SURESH KUMAR A
S/O. M. AMARCHAND JAIN,
AGED ABOUT 44 YEARS,
2.
SMT. LALITHA
W/O. SURESH KUMAR A,
AGED ABOUT 37 YEARS,
BOTH ARE R/O NO.30/1, "B" CROSS,
EAST LINK ROAD,
MALLESHWARAM,
BANGALORE-560 003.
3.
SATHISH H.N.
S/O NAGEGOWDA,
HARI HARADA HALLI VILLAGE,
MARLE POST,
CHIKKAMAGALUR TALUK AND DISTRICT.
4
4.
NITHIN KUMAR
S/O. MAHAVEER CHAND,
VARALAXMI JEWELERS,
M.G.ROAD, CHIKKAMAGALUR.
5.
THE BRANCH MANAGER
M/S. ORIENTAL INSURANCE COMPANY LTD.,
BRANCH OFFICE, NAG NIRMAL COMPLEX,
1ST FLOOR, OPP. RANGANNA CHOUTRY,
BASAVANAHALLI MAIN ROAD,
POST BOX NO. 68,
CHIKKAMAGALUR-577 101. ... RESPONDENTS
(BY SRI A.K.BHAT, ADVOCATE FOR R1 & R2,
R3 & R4 ARE SERVED BUT UNREPRESENTED
SRI A.RAVISHANKAR, ADVOCATE FOR R5)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED:10.07.2015 PASSED IN
MVC NO.5992/2013 ON THE FILE OF THE 26TH ACMM,
COURT OF SMALL CAUSES & JUDGE, MACT, BENGALURU,
AWARDING THE COMPENSATION OF RS.12,85,000/- WITH
INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL
THE DEPOSIT.
THESE APPEALS COMING ON FOR ADMISSION THIS
DAY, SATYANARAYANA J., DELIVERED THE FOLLOWING:
JUDGMENT
The claimants and contesting 2nd respondent -
Insurer in MVC No.5992/2013 on the file of Small Causes
and Motor Accident Claims Tribunal (for short ‘Tribunal’),
Bengaluru, have come up in these two appeals.
5
(i)
Appeal in MFA No.8513/2015 is by the
claimants seeking enhancement of compensation; to set
aside the finding of the Tribunal regarding contributory
negligence by the rider of motorcycle in causing the
accident and to hold that the accident in question is
caused due to ra
