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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 17^TH DAY OF APRIL, 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

MFA No.21740/2012

C/W

MFA No.21741/2012, MFA No.22021/2012, MFA

No.20501/2013, MFA No.20502/2013, MFA

No.20503/2013, MFA No.20504/2013 (MV), MFA

No.100439/2018 (EC)

IN MFA No.21740/2012:

BETWEEN:

1. SMT. GANGAVVA

W/O BASAPPA GOUDAR

AGED ABOUT 39 YEARS

OCCUPATION: HOUSE HOLD WORK

R/O. KADATANAL, BAILHONGAL TALUK

BELGAUM DISTRICT.

2.

KUMAR VITTAL

S/O BASAPPA GOUDAR

AGED ABOUT 17 YEARS

OCCUPATION: STUDENT

3.

KUMAR PRAVEEN

S/O BASAPPA GOUDAR

AGED ABOUT 15 YEARS

OCCUPATION: STUDENT

4.

KUMAR SHIVANAND

S/O BASAPPA GOUDAR

AGED ABOUT 13 YEARS

OCCUPATION: STUDENT

2

APPELLANTS NO.2 TO 4 ARE MINORS

REPRESENTED BY THEIR MOTHER

1^ST APPELLANT.

5.

GANGAPPA

S/O BHIMAPPA GOUDAR

AGED ABOUT 70 YEARS

OCCUPATION:NIL

R/O KADATANAL

BAILHONGAL TALUK

BELGAUM DISTRICT.

6.

GANGAWWA

W/O GANGAPPA GOUDAR

AGED ABOUT 65 YEARS

OCCUPATION:NIL

R/O KADATANAL, BAILHONGAL TALUK

BELGAUM DISTRICT.

...APPELLANTS

(BY SRI ANIL KALE AND SRI B.S. BYAKOD, ADVOCATES)

AND:

1.

MR. B.R. PATIL

ENGINEERS AND CONTRACTORS

REPRESENTED BY BABURAJ R PATIL

AGED MAJOR

OCCUPATION:BUSSINESS

R/O RAJASHILA, ASHOK NAGAR

NIPPANI-591237.

2.

NEW INDIA ASSURANCE CO. LTD

THROUGH ITS DIVISIONAL MANAGER

CLUB ROAD BELGAUM.

...RESPONDENTS

(BY SRI RAMESH I ZIRALI, ADVOCATE,

SRI SHIVARAJ BALLOLI, ADVOCATE FOR R-1

SRI S.V. YAJI, ADVOCATE FOR R-2)

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THIS MFA IS FILED UNDER SECTION 173(1) OF

MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND

AWARD

DATED

18.01.2012

PASSED

IN

MVC

NO.2194/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND

MEMBER, ADDITIONAL MACT, BAILHONGAL, DISMISSING

THE PETITION FILED UNDER SECTION 166 OF IMV ACT.

IN MFA No.21741/2012:

BETWEEN:

1.

SRI FAKIRAPPA

S/O IRAPPA KARENNAVAR

AGED ABOUT 49 YEARS

OCCUPATION: COOLIE

R/O SANGOLLI, BAILHONGAL TALUK

BELGAUM DISTRICT.

2.

SMT. CHANNAVVA

W/O FAKIRAPPA KARENNAVAR

AGED ABOUT 43 YEARS

OCCUPATION: HOUSE HOLD WORK

R/O SANGOLLI, BAILHONGAL TALUK

BELGAUM DISTRICT.

…APPELLANTS

(BY SRI ANIL KALE AND SRI B.S. BYAKOD, ADVOCATES)

AND:

1.

MR. B.R. PATIL

ENGINEERS AND CONTRACTORS

REPRESENTED BY BABURAJ R PATIL

AGED MAJOR

OCCUPATION: BUSSINESS

R/O RAJASHILA, ASHOK NAGAR

NIPPANI-591237.

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2.

NEW INDIA ASSURANCE CO. LTD

THROUGH ITS DIVISIONAL MANAGER

CLUB ROAD BELGAUM.

...RESPONDENTS

(BY SRI N.R. KUPPELUR, ADVOCATE FOR R-2;

SRI RAMESH I ZIRALI, ADVOCATE,

SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R-1)

THIS MFA IS FILED UNDER SECTION 173(1) OF

MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND

AWARD

DATED

18.01.2012

PASSED

IN

MVC

NO.2210/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND

MEMBER, ADDITIONAL MACT, BAILHONGAL, DISMISSING

THE PETITION FILED UNDER SECTION 166 OF IMV ACT.

IN MFA No.22021/2012:

BETWEEN:

SMT. SNEHALATH

W/O RAJARAM MORE

AGED ABOUT 52 YEARS

OCCUPATION: HOUSEHOLD

WORK, R/O: NEAR MUNICIPALITY

HIGH SCHOOL, OPP. POLICE

STATION NIPPANI, CHIKODI

TALUK, NOW RESIDING AT

BUDARAKATTI, BAILHONGAL

TALUK, BELGAUM DISTRICT.

…APPELLANT

(BY SRI SANTOSH S. HATTIKATAGI, ADVOCATE)

AND:

1.

MR. B.R. PATIL

ENGINEERS AND CONTRACTORS

REPRESENTED BY BABURAJ R. PATIL

AGED MAJOR, OCCUPATION: BUSSINESS

R/O RAJSHILA, ASHOK NAGAR NIPPANI

CHIKODI TALUK, BELGAUM DISTRICT.

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2.

THE NEW INDIA ASSURANCE CO. LTD

THROUGH ITS DIVISIONAL MANAGER

CLUB ROAD, BELGAUM.

...RESPONDENTS

(BY SRI P.H. PAWAR, ADVOCATE FOR R-2;

SRI RAMESH I ZIRALI, ADVOCATE,

SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R-1)

THIS MFA IS FILED UNDER SECTION 173(1) OF

MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND

AWARD

DATED

18.01.2012

PASSED

IN

MVC

NO.2452/2009 ON THE FILE OF SENIOR CIVIL JUDGE AND