IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 12^TH DAY OF JULY 2021

BEFORE

THE HON’BLE MR.JUSTICE RAVI V.HOSMANI

MFA NO.22123/2012

C/W MFA NO.24125/2012(MV)

IN MFA NO.22123/2012

BETWEEN:

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.

G.E.PLAZA, AIRPORT ROAD, YERWADA,

PUNE, HAVING BRANCH OFFICE AT DOUBLE ROAD,

OPP: COSMOPOLITAN CLUB, BELLARY,

HEREIN REP. BY BAJAJ ALLIANZ GENERAL

INSURANCE CO. LTD., 4TH FLOOR,

V.A.KALBURGI MANSION,

OPP: MUNICIPAL CORPORATION, LAMINGTON ROAD,

HUBLI, REP/BY ITS AUTHORIZED SIGNATORY.

...APPELLANT

(BY SRI.: R R MANE, ADV.)

AND:

K NAGARAJU SINCE DEAD BY HIS LRS

1.

SMT.K.SHAKUNTALA @ KOSIGI

SHAKUNTLAMMA

W/O K.NAGARAJU, AGE: 44 YRS,

2 .

KUM.K JYOTHI, AGE: 17 YRS,

SINCE MINOR REP. BY MINOR GUARDIAN

NATURAL MOTHER RESP.1

2

3 .

KUM.K USHA

AGE: 15 YRS,

SINCE MINOR REP. BY MINOR GUARDIAN

NATURAL MOTHER RESP.1

4 .

MASTER K.UMESH

AGE: 12 YRS,

SINCE MINOR REP. BY MINOR GUARDIAN

NATURAL MOTHER RESP.1

ALL ARE R/O PARVATHINAGAR, RAYADURGA,

ANANTHAPUR DISTRICT (A.P.)

5 .

ABDUL G. S/O KALAMAJAD

AGE: 32 YRS, OCC: DRIVER OF THE

AUTORICKSHAW, R/O D.NO.3/2/193,

ATMAKUR STREET, RAYADURGA TOWN,

ANANTHAPUR DIST(A.P.)

6 .

MANIYAR WAHAB S/O SATTAR SAB

AGE: MAJOR, OCC: OWNER OF THE

AUTORICKSHAW, NO.AP-02/X-8168,

R/O 17-1-8, BELLARY ROAD,

RAYADURGA TOWN,

ANANTHAPUR DIST.(A.P.)

…..RESPONDENTS

(BY SRI. : MANJUNATH G. PATIL, ADV. FOR R1-R4)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR

VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:25-

01-2012 PASSED IN MVC NO.529/2011 ON THE FILE OF THE MEMBER,

III-MACT, BELLARY, AWARDING THE COMPENSATION OF RS.2,01,000/-

WITH INTEREST AT THE RATE OF 6% P.A., FROM THE DATE OF PETITION

TILL THE DATE OF DEPOSIT.

3

IN MFA NO.24125/2012

BETWEEN:

K NAGARAJU SINCE DEAD BY LRS

1.

K. SHAKUNTALA @ KOSIGI SHAKUNTALAMMA

W/O LATE K NAGARAJU, AGE: 45 YEARS,

2 .

KUM.K JYOTHI D/O LATE K NAGARAJU

AGE: 17 YEARS,

3 .

KUM.USHA D/O LATE K NAGARAJU

AGE: 16 YEARS,

4 .

MASTER K UMESH

S/O LATE K NAGARAJU

AGE: 13 YEARS,

SINCE APPELLANT NO. 2 TO 4 ARE MINORS,

THEIR MOTHER AS A NATURAL GUARDIAN

I.E., APPELLANT NO.1, AND APPELLANT NO. 1 IS

THE DAUGHTER-IN-LAW AND

APPELLANT NO.2 TO 4 ARE GRAND CHILDREN

OF THE DECEASED SANNA THIMMANNA

ALL ARE R/O: PARVATHI NAGAR, RAYADURGA,

DIST: ANANTHAPUR. ANDHRA PRADESH.

...APPELLANTS

(BY SRI.: MANJUNATHA G PATIL, ADV.)

AND:

1 .

MANIYAR WAHAB S/O SATTAR SAB

OWNER OF THE AUTO RICHSHAW

NO. AP-02/X-8168, R/O: 17-1-8,

BELLARY ROAD, RAYADURGA TOWN,

DIST: ANANTHAPUR,

ANDHRA PRADESH.

2 .

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.,

G E PLAZA, AIR PORT ROAD,

YERWADA, PUNE, HAVING BRANCH OFFICE

4

AT DOUBLE ROAD, OPP. COSMOPOLITAN

CLUB, BELLARY.

…RESPONDENTS

(BY SRI. R R MANE, ADV. FOR R2

NOTICE TO R1 – DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF THE MOTOR

VEHICLE ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED:25-

01-2012 PASSED IN MVC NO.529/2011 ON THE FILE OF MEMBER, III-

MACT AT BELLARY, PARTLY ALLWOING THE CLAIM PETITION FOR

COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THESE APPEALS HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 30.06.2021, COMING ON FOR PRONOUNCEMENT THIS

DAY, THE COURT PRONOUNCED THE FOLLOWING:

JUDGMENT

Challenging the judgment and award dated 25.01.2012

passed by the III MACT, Bellary in MVC No.529/2011, these appeals

are filed under Section 173 of M.V. Act 1988 (herein after referred

to as ‘Tribunal’ for short).

2.

Brief facts as stated are that on 30.12.2010, at about

7.30 p.m., Sanna Thimmanna was going from Rayadurga Railway

Station to his house. At that time, an Auto bearing registration

No.AP-02/X-8168 driven by its driver in rash and negligent manner

dashed against him. Due to the said accident, Sanna Thimmanna

5

sustained grievous injuries, he was imme