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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 8^TH DAY OF JANUARY 2021

PRESENT

THE HON’BLE MR. JUSTICE G.NARENDAR

AND

THE HON’BLE MR. JUSTICE M.I.ARUN

MFA NO.101613/2017 (MV)

BETWEEN:

1.

SMT. KAMALAVVA

W/O BUDDAPPA VAJJAL

AGE: 57 YEARS,

OCC: HOUSEHOLD WORK

R/O HUNAGUND,

TAL: HUNGUND,

DIST: BAGALKOT

2.

KUMARI CHANNAMMA

D/O BUDDAPPA VAJJAL

AGE: 38 YEARS, OCC: NIL

R/O HUNAGUND,

TAL: HUNGUND,

DIST: BAGALKOT

3.

KUMAR FAKIRAPPA

S/O BUDDAPPA VAJJAL

AGE: 37 YEARS, OCC: COOLIE

R/O HUNAGUND, TAL: HUNGUND,

DIST: BAGALKOT

4.

KUMAR MALLESH

S/O BUDDAPPA VAJJAL

AGE: 35 YEARS, OCC: COOLIE

R/O HUNAGUND, TAL: HUNGUND,

DIST: BAGALKOT

… APPELLANTS

(BY SRI S.C.HIREMATH, ADVOCATE)

®

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AND:

1. NAGESH

S/O YESHWANT DAVALATKAR

AGE: 45 YEARS,

OCC: OWNER OF TATA TRUCK

BEARING NO.KA-22/A-735

R/O ZAAD ANKLE, TAL: KHANAPUR,

DIST: BELAGAVI

2.

THE BRANCH MANAGER

RELIANCE GENERAL INSURANCE CO. LTD.

KALABURGI SQUARE

DESAI CROSS, DESHPANDE NAGAR

HUBBALLI

… RESPONDENTS

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

R-1 SERVED)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST THE JUDGMENT AND AWARD DATED 18.07.2013

PASSED IN MVC NO.346/2012 ON THE FILE OF THE MOTOR

VEHICLE ACCIDENT CLAIMS TRIBUNAL-X, HUNAGUND, PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA HAVING BEEN HEARD AND RESERVED ON

11.11.2020

FOR

JUDGMENT

AND

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY, M.I.ARUN J.,

DELIVERED THE FOLLOWING:

JUDGMENT

Though the matter is listed for orders, with the consent of

learned counsel for the parties, the matter is taken up for final

disposal.

2.

This appeal is filed under Section 173(1) of the Motor

Vehicles Act by the appellants/claimants being aggrieved by the

judgment and award dated 18.07.2013 passed by the Motor

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Accident Claims Tribunal-X, Hunagund (for short “the Tribunal”)

in MVC No.346/2012, seeking enhancement of compensation.

3.

For the sake of convenience, the parties are referred

to as per their ranking before the Tribunal.

4.

The brief facts of the case are that on 02.02.2012 at

about 6.15 a.m., the deceased Buddappa being the husband of

petitioner no.1 and father of petitioner nos.2 to 4 was riding his

motorcycle bearing registration No.KA-22/ED-9197 on Belgaum-

Khanapur NH.14 road and when he came near the Government

Hospital, Ganebail, a Tata Truck bearing registration No.KA-

22/A-735, which was moving in front of the said motorcycle

without any reason and in a rash and negligent manner applied

the brake suddenly and stopped in the middle of the road. The

deceased consequently dashed against the truck and sustained

grievous head injuries and died on the spot. Hence, the

petitioners preferred MVC No.346/2012 before the Tribunal

seeking a compensation of Rs.36,45,000/- with interest.

5.

Respondent no.1 is the owner of the truck and

respondent no.2 is the insurer with whom the offending truck

was insured. Respondent no.1, though served with the notice,

remained absent and was placed ex parte. Respondent no.2

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appeared through its counsel and filed written statement. It

denied the liability and sought for dismissal of the claim petition.

6.

Based on the pleadings, the Tribunal framed the

issues and recorded the evidence. Petitioner No.1 got herself

examined as P.W.1 and got marked eight documents as Exs.P-1

to P-8. Respondent no.2 got examined its Deputy Manager as

R.W.1 and got marked the insurance policy as Ex.R.1. Based on

the pleadings and the evidence let in, the Tribunal came to the

conclusion that the accident happened due to rash and negligent

driving of the offending truck. It was held that the claimants are

entitled to a compensation to the tune of Rs.4,65,900/- with

interest at the rate of 6% p.a. from the date of petition till