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IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF AUGUST 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

M.F.A. NO.101384/2016

C/W. M.F.A. NOS.101382/2016, 101383/2016 (MV)

IN MFA NO.101384 OF 2016

BETWEEN

SADIQ S/O MAHABOOB SETASANADI

AGE: 32 YEARS, OCC: COOLIE

R/O NANDIHALLI VILLAGE,

RANEBENNUR TQ. HAVERI DIST.-581 110

…APPELLANT

(BY SRI.M M HIREMATH, ADVOCATE)

AND

1.

SADIQ BASHA S/O ZAINULLADDIN

AGE: MAJOR, OCC: BUSINESS,

R/O PEERSAB COMOUND, HOLEKERE

ROAD, CHITRADURGA

(OWNER OF THE VECHICLE BEARING

NO. KA.16/A-4896

577 501

2.

THE DIVISIONAL MANAGER,

NATIONAL INSURANCE COMPANY LIMITED

SUJATHA COMPLEX OPP: P.B. ROAD

HUBBALLI.-580 028

…RESPONDENTS

(BY SRI.M.G.GADAGOLI, ADVOCATE FOR R2,

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NOTICE TO R1 SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT,

AGAINST THE JUDGMENT AND AWARD DATED 23.12.2014 PASSED

IN MVC NO.339/2012 ON THE FILE OF PRL. SENIOR CIVIL JUDGE

AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

IN MFA NO.101382 OF 2016

BETWEEN

BABAJAN S/O SHAHABUDDIN DUGGATTI

AGE: 29 YEARS, OCC: COOLIE

WORK, R/O KUNCHUR VILLAGE

HIREKERUR TALUK, DIST. HAVERI

NOW RESIDING AT: NANDIHALLI

VILLAGE-581 110

…APPELLANT

(BY SRI.M M HIREMATH, ADVOCATE)

AND

1.

SADIQ BASHA S/O ZAINULLADDIN

AGE: MAJOR, OCC: BUSINESS,

R/O PEERSAB COMOUND, HOLEKERE

ROAD, CHITRADURGA

(OWNER OF THE VECHICLE BEARING

NO. KA.16/A-4896

577 501

2.

THE DIVISIONAL MANAGER,

NATIONAL INSURANCE COMPANY LIMITED

SUJATHA COMPLEX OPP: P.B. ROAD

HUBBALLI.-580 028

…RESPONDENTS

(BY SRI.M.G.GADAGOLI, ADVOCATE FOR R2,

NOTICE TO R1 SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT,

AGAINST THE JUDGMENT AND AWARD DATED 23.12.2014 PASSED

IN MVC NO.336/2012 ON THE FILE OF PRL. SENIOR CIVIL JUDGE

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AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

IN MFA NO.101383 OF 2016

BETWEEN

DAWALSAB @ DAWALAMALIKSAB

S/O MEHABOOBSAB SHETASANADI

AGE: 26 YEARS, OCC: COOLIE

R/O NANDIHALLI VILLAGE

RANEBENNUR TQ. HAVERI DIST.-581 110

…APPELLANT

(BY SRI.M M HIREMATH, ADVOCATE)

AND

1.

SADIQ BASHA S/O ZAINULLADDIN

AGE: MAJOR, OCC: BUSINESS,

R/O PEERSAB COMOUND, HOLEKERE

ROAD, CHITRADURGA

(OWNER OF THE VECHICLE BEARING

NO. KA.16/A-4896

577 501

2.

THE DIVISIONAL MANAGER, NATIONAL

INSURANCE COMPANY LIMITED

SUJATHA COMPLEX OPP: P.B. ROAD

HUBBALLI.-580 028

…RESPONDENTS

(BY SRI.M.G.GADAGOLI, ADVOCATE FOR R2,

NOTICE TO R1 SERVED)

THIS APPEAL IS FILED UNDER SECTION 173(1) OF M.V. ACT,

AGAINST THE JUDGMENT AND AWARD DATED 23.12.2014 PASSED

IN MVC NO.338/2012 ON THE FILE OF PRL. SENIOR CIVIL JUDGE

AND MEMBER, ADDL. MACT, RANEBENNUR, PARTLY ALLOWING THE

CLAIM

PETITION

FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT OF COMPENSATION.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY,

COURT DELIVERED THE FOLLOWING:

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JUDGMENT

Though these appeals are listed for admission

today, with the consent of both the parties, they are

taken up for final disposal.

2.

All these appeals are filed by the claimants

seeking enhancement of compensation in respect of

accidental injuries sustained by them, which was the

subject matter of MVC Nos.336/2012, 338/2012 and

339/2012 which were disposed of by a common judgment

and award dated 23.12.2014 on the file of the Principal

Senior Civil Judge and Additional MACT, Ranebennur

(hereinafter referred to as “the Tribunal” for short).

3.

The brief facts, which are necessary for

disposal of these appeals are as under:

Appellants herein are the claimants who contended

that on 11.12.2011 at about 10.00 a.m. on Halageri-Itagi

road near Halageri when they were travelling in tractor-

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trailer bearing No.KA-27/TA-4734/7336 for loading paddy

gross at Tavaragondi village, at that