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NC: 2023:KHC:27457

MFA No. 9768 of 2017

C/W MFA No. 1905 of 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF AUGUST, 2023

BEFORE

THE HON'BLE MR JUSTICE C M JOSHI

MISCELLANEOUS FIRST APPEAL NO. 9768 OF 2017 (MV-D)

C/W

MISCELLANEOUS FIRST APPEAL NO. 1905 OF 2019 (MV-I)

IN M.F.A. NO. 9768 OF 2017

BETWEEN:

SRI VIJAYAKUMAR,

S/O.

VEERABHADRAIAH,

AGED ABOUT 43

YEARS,

R/O. MEDIGESHI-572

132

MADHUGIRI TALUK,

TUMKUR DISTRICT.

...APPELLANT

(BY SRI. V B SIDDARAMAIAH, ADVOCATE [V/C])

AND:

1 . SMT. RATHNAMMA,

W/O. LATE MANUNATHA,

AGED ABOUT 31 YEARS.

2 . SMT. GANGAMMA,

W/O. LATE HANUMANTHAPPA,

AGED ABOUT 73 YEARS.

BOTH ARE R/AT:

MEDIGESHI-572 132,

MADHUGIRI TALUK,

TUMKUR DISTRICT.

R

Digitally

signed by T S

NAGARATHNA

Location: High

Court of

Karnataka

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NC: 2023:KHC:27457

MFA No. 9768 of 2017

C/W MFA No. 1905 of 2019

3 . THE FUTURE GENERAL INDIA INSURANCE CO.

LTD.,

HEAD OFFICE, 6TH FLOOR, TOWER-2,

INDIA BULLS FINANCE CENTRE,

SENAPAT BAPAT MARG,

ELPHINESTOIEN ROAD,

MUMBAI-400 013.

MAHARASTRA STATE.

REPRESENTED BY ITS AUTHORIZED MANAGER.

ADDRESS FOR SERVICE

THE FUTURE GENERAL INDIA INSURANCE CO.

LTD.,

2ND FLOOR, KALBURGI LAND MARK,

OPP:TB GIRLS HIGH SCHOOL,

DESHAPANDE NAGAR, HUBBI-580 029.

REPRESENTED BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI ANANDEESHAR D.R, ADVOCATE FOR R1 & R2 [V/C];

SRI O MAHESH, ADVOCATE FOR R3 [V/C])

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

JUDGMENT AND AWARD DATED 27/09/2017, PASSED IN MVC

NO.176/2014, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL

JUDGE

AND

MACT-XIII,

MADHUGIRI,

AWARDING

COMPENSATION OF RS.8,25,000/- WITH INTEREST AT THE

RATE OF 9% PER ANNUM FROM THE DATE OF FILING OF THE

PETITION TILL THE DATE OF DEPOSIT.

IN M.F.A. NO. 1905 OF 2019

BETWEEN:

SRI VIJAYAKUMAR,

S/O. LATE VEERABHADRAIAH,

AGED ABOUT 55 YEARS,

R/O: MEDIGESHI

MADHUGIRI TALUK -572 132,

TUMKUR DISTRICT.

...APPELLANT

(BY SRI V B SIDDARAMAIAH, ADVOCATE [V/C])

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NC: 2023:KHC:27457

MFA No. 9768 of 2017

C/W MFA No. 1905 of 2019

AND:

1 . SRI NARASIMHAPPA,

S/O. LATE RAMAPPA,

AGED ABOUT 44 YEARS,

R/O: SIDDAGUNTAPPALI VILLAGE,

PENUGONDA TALUK,

ANANTHAPURA DISTRICT,

ANDHARA PRADESH STATE,

NOW R/O. MEDIGESHI HOBLI,

MADHUGIRI TALUK- 572 132,

TUMAKURU DISTRICT.

2 . THE FUTURE GENERAL INDIA INSURANCE CO. LTD.,

HEAD OFFICE,

MUMBAI-400 013.

REPRESENTED BY ITS AUTHORIZED MANAGER.

ADDRESS FOR SERVICE:

THE FUTURE GENERAL INDIA INSURANCE CO. LTD.,

2ND FLOOR, KALBURGI LAND MARK,

OPP. TB GIRLS HIGH SCHOOL,

DESHAPANDE NAGAR,

HUBLI-581 020.

REPRESENTED BY ITS BRANCH MANAGER.

…RESPONDENTS

(BY SRI O MAHESH, ADVOCATE FOR R1 & R2 [V/C];

SRI K SHANTHARAJ, ADVOCATE FOR R1 [V/C])

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

JUDGMENT AND AWARD DATED 01.10.2018 PASSED IN MVC

NO.833/2016 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE

&

MACT

MADHUGIRI,

AWARDING

COMPENSATION

OF

RS.1,07,060/- WITH INTEREST @ 6% P.A. FROM THE DATE OF

PETITION TILL REALIZATION.

THESE APPEALS HAVING BEEN HEARD AND RESERVED

FOR JUDGMENT AND COMING ON FOR PRONOUNCEMENT OF

JUDGMENT

THIS

DAY,

THE

COURT

DELIVERED

THE

FOLLOWING:

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NC: 2023:KHC:27457

MFA No. 9768 of 2017

C/W MFA No. 1905 of 2019

JUDGMENT

These two appeals arise out of the judgment and

award passed in MVC No.176/2014 dated 27-9-2017 by

the learned Additional Senior Civil Judge and MACT-XIII,

Madhugiri and the judgment and award passed in MVC

No.833/2018 dated 01-10-2018 by the learned Principal

Senior Civil Judge and MACT, Madhugiri.

2. The parties would be referred to as per their ranks

before the Tribunal.

3. The owner of the offending vehicle is before this

Court in these appeals assailing the liability fastened upon

him by the Tribunals in r