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HIGH COURT OF KARNATAKA
H M SHANTHAMURTHY – Appellant
Versus
R RAVI – Respondent
MFA/5364/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S. SUJATHA
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
MFA NO.5364 OF 2018(MV)
C/W.
MFA NO.5365 OF 2018 (MV)
IN MFA NO.5364/2018
BETWEEN:
H. M. SHANTHAMURTHY, S/O. MARAPPA
AGED ABOUT 38 YEARS
R/O. HONNUR VILLAGE, YALANDUR TALUK
CHAMARAJA NAGAR DISTRICT
NOW R/O. C/O. SHANKAR @ SHANKARAPPA
KALKERE VILLAGE, ARAKERE HOBLI
SRIRANGAPATNA TALUKA
MANDYA – DISTRICT – 571401.
... APPELLANT
(BY SRI. S. B. HALLI, ADVOCATE)
AND:
1.
R. RAVI, S/O. BILIGIRI
AGED: MAJOR
M. M. ROAD, GANIGARA BEEDI
BANNUR TOWN, T. NARASIPURA TQ.
MYSORE DISTRICT – 570 009.
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2.
THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DO.2, NO.2912
SRI. VENKATESHWARA PLAZA
1ST MAIN, SARASWATHIPURAM
MYSORE 570 009.
... RESPONDENTS
(BY SRI. E. RAJAGOPAL, ADVOCATE FOR R1;
SRI. RAVISH BENNI, ADVOCATE FOR R2)
---
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING
TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE
LEARNED
PRINCIPAL
SENIOR
CIVIL
JUDGE,
MACT,
SRIRANGAPATNA IN MVC NO.1513/2016 DATED 7/4/2018 AND
FURTHER TO ENHANCE THE COMPENSATION AS CLAIMED IN
THE CLAIM PETITION BY ALLOWING THIS APPEAL.
IN MFA NO.5365/2018
BETWEEN:
NAGARAJU, S/O. SUBBAPPA
AGED ABOUT 53 YEARS
R/O. CHANDALLI VILLAGE
HEMMIGE POST, TALAKADU HOBLI
T. NARASIPURA TQ, MYSORE-DISTRICT
NOW R/AT KALKERE VILLAGE
ARAKERE HOBLI, SRIRANGAPATNA TALUKA
MANDYA – DISTRICT – 571401.
... APPELLANT
(BY SRI. S. B. HALLI, ADVOCATE)
AND:
1.
R. RAVI, S/O. BILIGIRI
AGED : MAJOR
M. M. ROAD, GANIGARA BEEDI
BANNUR TOWN, T. NARASIPURA TQ.
MYSORE DISTRICT – 570 009.
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2.
THE BRANCH MANAGER
UNITED INDIA INSURANCE CO. LTD.,
DO.2, NO.2912
SRI. VENKATESHWARA PLAZA
1ST MAIN, SARASWATHIPURAM
MYSORE 570 009.
... RESPONDENTS
(BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 – SERVED)
---
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF THE MOTOR VEHICLES ACT, 1988, PRAYING
TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE
LEARNED
PRINCIPAL
SENIOR
CIVIL
JUDGE,
MACT,
SRIRANGAPATNA IN MVC NO.1514/2016 DATED 7/4/2018 AND
FURTHER TO ENHANCE THE COMPENSATION AS CLAIMED IN
THE CLAIM PETITION BY ALLOWING THIS APPEAL.
THESE APPEALS COMING ON FOR ADMISSION, THIS DAY,
M.I.ARUN J., DELIVERED THE FOLLOWING:
COMMON JUDGMENT
Aggrieved by the judgment and award dated 7.4.2018,
passed by the Principal Senior Civil Judge, MACT, Srirangapatna
(for
short
‘the
Tribunal’),
in
MVC
Nos.1513/2016
and
1514/2016,
the
petitioners
therein
have
preferred
MFA
Nos.5364/2016 and 5365/2016 respectively.
2.
Both the claims arise out of the same accident and
hence the Tribunal has proceeded in the case by clubbing both
the matters and passed a common judgment. Hence both these
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appeals are also taken together and a common judgment is
being passed.
3.
For the sake of convenience, the parties are referred
as per their status before the Tribunal.
4.
The brief facts of the case are that, on 05.11.2016
at about 11.30 am on T. Narasipura - Mysore main road, near
petrol bunk, Megalapura village, when the petitioners were
proceeding
in
a
motorbike
bearing
registration
No.KA-
09/HH.3751, at that time, a tempo traveler bearing registration
No.KA-05/5745 being driven in a rash and negligent manner
came and dashed against the motor bike resulting in injuries to
the petitioners. Hence one Mr. H. M. Shantamurty preferred
MVC No.1513/2016 and claimed a compensation of `50,00,000/-
and one Mr. Nagaraju preferred MVC No.1514/2016 and claimed
a compensation of `10,00,000/-.
5.
Respondent No.1 is the owner of the offending
tempo traveler and respondent No.2 is the insurer of the tempo
traveler. Afte
