Advocates:
['SRINAND A PACHHAPURE', '', 'R NOTICE DISPENSED WITH', '', 'N R KUPPELLUR', 'V R DATAR']

1

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2014

BEFORE

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

MFA.NO.20837/2009 (MV) C/W.

MFA.NOS.20592/2009 & 20838/2009(MV)

BETWEEN:

MFA.NO.20837/2009:

SRI KALLAPPA, AGE: 43 YEARS

S/O LANKYYAPPA GADAGADI

OCC: AGRICULTURE

R/O JAGANUR

Tal: CHIKODI-590 201

Dist. Belgaum

...APPELLANT

(By Sri.RAJENDRA R.PATIL &

SRI.SRINAND A PACHHAPURE, ADVS.)

AND

1.

SRI JAISHINGA RAU PATIL

OCC BUSINESS

R/O INCHANAL

GADAHINGLAJ

KOLHAPUR, MAHARASHTRA STATE

2.

THE BRANCH MANAGER

NEW INDIA ASSURANCE CO LTD

BELGAUM, INSURED AT GADHINGLAJ

... RESPONDENTS

(By Sri.N.R.KUPPELUR, ADV.FOR R2)

2

THIS MFA FILED U/SEC. 173(1) OF MV ACT, 1988,

AGAINST THE JUDGMENT AND AWARD DTD:20-02-2008

PASSED IN MVC.NO.3070/2006 ON THE FILE OF THE CIVIL

JUDGE(SR.DN)

AND

ADDL.

MACT,

CHIKODI,

PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

IN MFA.NO.20592/2009:

THE NEW INDIA ASSURANCE CO LTD

DIVISIONAL MANAGER

THE NEW INDIA ASSURANCE CO LTD

BELGAUM

THROUGH ITS REGIONAL OFFICE NO 2B

UNITY BUILDING ANNEXE P KALINGA ROD RD

BANGALORE 560027

... APPELLANT

(By Sri. V R DATAR,ADV.)

AND

1.

SMT SHOBHA W/O VITHOBA KADAM

@ DOAR, AGED 35 YEARS, OCC HOUSEHOLD

R/O JAGANUR

TQ CHIKKODI

BELGAUM DIST

2.

SRI JAISHINGA RAU PATIL

AGED MAJOR OCC BUSINESS

R/O INCHANAL

TQ GADAHINGLAJ

KOLLAPUR DIST

... RESPONDENTS

(By Sri.RAJENDRA R.PATIL &

SRI. SHRINAND A PACHHAPURE, ADVS. FOR R1)

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

JUDGMENT AND AWARD DATED:29/03/2008 PASSED IN MVC

3

NO.3069/2006 ON THE FILE OF THE CIVIL JUDGE (SR.DN)

ADDL.MACT,

CHIKODI,

AWARDING

COMPENSATION

OF

RS.50,000/- ALONG WITH INTEREST AT THE RATE OF 6% P.A.

FROM THE DATE OF THE PETITION TILL ITS ENTIRE

REALISATION.

IN MFA.NO.20838/2009:

SMT SHOBHA

W/O VITHOBA KADAM @ DOAR

OCC AGRICULTURE

R/O JAGANUR

CHIKODI-591201

DIST. BELGAUM

... APPELLANT

(By Sri. SRINAND A PACHHAPURE, ADV.)

AND

1.

SRI JAISHINGA RAU PATIL

OCC BUSINESS

R/O INCHANAL

TQ GADAHINGALAJ

DT.KOLHAPUR, MAHARASHTRA STATE

2.

THE BRANCH MANAGER

NEW INDIA ASSURANCE CO LTD

BELGAUM, INSURED AT GADHINGLAJ

... RESPONDENTS

(By Sri.N.R.KUPPELUR, FOR

SRI.M.K.SAUDAGAR, ADVS. FOR R2)

THIS MFA FILED U/SEC. 173(1) OF MV ACT, 1988,

AGAINST THE JUDGMENT AND AWARD DTD:29-03-2008

PASSED IN MVC.NO.3069/2006 ON THE FILE OF THE CIVIL

JUDGE(SR.DN)

AND

ADDL.

MACT,

CHIKODI,

PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

4

THESE APPEALS COMING ON FOR ADMISSION THIS

DAY, THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

Though these appeals are listed for admission, with the

consent of counsel on both sides, they are heard finally.

2.

Miscellaneous First Appeal No.20837/2009 and

20838/2009 have been filed by the claimant seeking

enhancement of compensation while Miscellaneous First

Appeal No.20592/2009 has been filed by the insurance

company assailing its liability to satisfy the award.

3.

Insurer’s

appeal

is

filed

as

against

MVC

No.3069/2006 against the judgment and award passed by the

Motor Accident Claims Tribunal at Chikodi dated 29/03/2008

while no appeal has been filed as against the judgment and

award

passed

in

MVC

No.3070/2006

disposed

of

on

20/02/2008 by the Additional Motor Accident Claims Tribunal

at Chikodi.

4.

As the facts leading up to the filing of these

appeals are common, these appeals have been connected

5

together and are heard and disposed of by this common

judgment.

5.

According to the claimants, on 23/03/2006 at

about 12.30p.m., the driver of the truck bearing No.MH.09/Q-

7285 was plying from Jaganur side in a rash and negligent

manner. The truck hit an electric pole and as a result of the

collision, the electric wires fell on the land of the claimants. As

a result, there was a fire accident. According to the claimant

in MFA No.3070/2006 his farm house, agricultural implements,

bullock cart caught fire and wer