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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31^ST DAY OF MAY 2019

BEFORE

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

MFA No. 7130/2018 (MV)

C/W

MFA No.7129/2018 (MV)

IN MFA No.7130/2018

BETWEEN:

JABIR SINGH

S/O. CHIRANJILAL

AGED ABOUT 47 YEARS

R/AT NO. 328, 5TH MAIN, 3RD CROSS

RAVI KIRLOSKAR LAYOUT

BENGALURU 560073.

... APPELLANT

(By SRI. MAHADEVA SWAMY P., ADV.)

AND

1.

THE MANAGER

IFFCO-TOKIO GEN INS CO. LTD.,

SRI. SHANTHI TOWERS

5^TH FLOOR, NO. 141, 3RD MAIN

EAST OF NGEF LAYOUT

KASTURINAGAR, BANGALORE 84

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2.

B R PRADEEP

S/O. RAJA NARASIMHA MURTHY

PROP: SLR TRAVEL, HULILYUR

CHIKKANAYAKANAHALLI TLAUK

TUMKUR 03

... RESPONDENTS

(By SRI.KALYAN R., ADV. FOR R2.

BY SRI. B. PRADEEP, ADV., FOR R1)

THIS MFA IS FILED U/S 173(1) OF MV ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED:13.04.2017 PASSED IN MVC NO.3010/2015

ON THE FILE OF THE VIII ADDITIONAL SCJ & XXXIII

ACMM,

MEMBER-MACT,

BENGALURU,

[SCCH-5]

PARTLY

ALLOWING

THE

CLAIM

PETITION

FOR

COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

IN MFA NO.7129/2018

BETWEEN

KRISHNA KUMAR @ KRISHAN KUMAR

S/O. INDAR SINGH

AGED ABOUT 43 YEARS

R/AT NO. 181,SRIKANTAPURA

BENGLAURU 560073.

... APPELLANT

(BY SRI.MAHADEVA SWAMY P., ADV.)

AND

1.

THE MANAGER

IFFCO-TOKIO GEN INS CO LTD.,

SRI. SHANTHI TOWERS

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5TH FLOOR, NO. 141, 3RD MAIN

EAST OF NGEF LAYOUT

KASTURINAGAR, BANGALORE 84

2.

B R PRADEEP

S/O. RAJA NARASIMHA MURTHY

PROP: SLR TRAVEL, HULILYUR

CHIKKANAYAKANAHALLI TLAUK

TUMKUR 03.

... RESPONDENTS

(BY SRI. B. PRADEEP, ADV. FOR R1,

SRI.KALYAN R., ADV. FOR R2.)

THIS MFA IS FILED U/S 173(1) OF MV ACT

AGAINST

THE

JUDGMENT

AND

AWARD

DATED:13.04.2017 PASSED IN MVC NO.3009/2015

ON THE FILE OF THE VII ADDITIONAL SCJ & XXXIII

ACMM,

MEMBER-MACT,

BENGALURU,

[SCCH-5],

PARTLY

ALLOWING

THE

CLAIM

PETITION

FOR

COMPENSATION AND SEEKING ENHANCEMENT OF

COMPENSATION.

THESE MFAs COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

These

appeals

are

filed

by

the

appellant

challenging the judgment and award dated 13.4.2017

passed by the Court of VIII Addl. Small Causes Judge

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and the MACT, Bengaluru in MVC Nos.3010/2015 and

MVC 3009/2015 respectively on the ground of liability.

2.

Since both these appeals are arising out of

the common judgment and award of the Tribunal,

they are heard together and disposed of finally.

3.

Brief facts of the case:

On 14.6.2015, at about 9.15 p.m. when the

claimants were proceeding on motorcycle bearing

Registration No.KA-01-EM-121 as rider and pillion

rider respectively from T.Begur towards Makali on

Tumkur-Bengaluru NH-4 Road and when they reached

near KBD Factor, Nelamangala, a bus bearing

Registration No.KA-44-1531 came in a rash and

negligent manner and dashed against the motorcycle

and caused accident. As a result, they sustained

injuries and immediately they were shifted to the

hospital. After recovering from injuries, the claimants

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filed two separate claim petitions before the Tribunal.

In order to support their case, they examined

themselves as PWs-1 and 2 and submitted 12

documents. On the other hand, the Insurance

Company examined two witnesses as RWs-1 and

produced 2 documents. After appreciation of the

evidence, the Tribunal granted compensation of

Rs.1,50,000/- in MVC 3009/2015 and Rs.7,76,000/- in

MVC 3010/2015 with interest at 9% p.a. and fastened

the liability on the owner of the offending vehicle.

Being aggrieved by fastening the liability on the owner

of the offending vehicle, the present appeals are filed

by the claimants .

4.

The learned counsel for the appellants

submits that the Tribunal has erred in fastening the

liability on the owner of the offending vehicle on the

ground that the driver of the offending vehicle had

violated the route permit and had plied the vehicle

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beyond the route lim