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HIGH COURT OF KARNATAKA
THE BRANCH MANAGER, – Appellant
Versus
SHIVAPPA CHOUDAPPA CHOUDAPPANNAVAR – Respondent
MFA/22611/2012
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST 2021
BEFORE
THE HON’BLE MR. JUSTICE V. SRISHANANDA
M.F.A. NO.20236/2012 C/W
M.F.A. Nos.20235/2012, 20237/2012, 22611/2012,
20599/2013, MFA CROB.Nos.836/2012 and 789/2013 (MV)
IN MFA NO.20236/2012
BETWEEN
THE BRANCH MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
MERCHANT’S BUILDING,
S.R.CIRCLE, BAILHONGAL,
DIST: BELGAUM.
REP. BY IT’S ASST. MANAGER,
REGIONAL OFFICE, SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBLI - 29.
.....APPELLANT
(BY SRI. G N RAICHUR, ADV.)
AND
1.
SMT.MAHADEVI W/O.IRANNA HUBBALLI
AGE: 31 YEARS, OCC: AGRICULTURE(NOW NIL)
R/O: TADASLUR, TQ: SAUNDATTI,
NOW AT C/O: KALABURGI BUILDING,
VINAYAKA NAGAR,BAILHONGAL,
DIST: BELGAUM.
- 2 -
2.
BHUPAL BHARAMA MUKRE,
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO. 244, 2ND MAIN,
BHARATI NAGAR,DHARWAD,
DIST: DHARWAD.
(OWNER OF INDICA CAR NO. KA-25/N-2339)
3.
THE DIVSIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED
THROUGH ITS DIVISIONAL OFFICE,
RAMDEV GALLI, NEAR KAVERI COLD DRINKS,
BELGAUM, DIST: BELGAUM.
(INSURER OF INDICA CAR NO. KA-25/N-2339)
4.
SOMASHEKAR SHIVAPUJAPPA JAVALLI,
AGE: MAJOR, OCC: BUSINESS,
R/O: 534, KITTUR CHANNAMMA NAGAR,
3RD CROSS, BAILHONGAL,
DIST: BELGAUM.
(POLICY HOLDER OF AMBASSADOR CAR
NO. KA-22/M-521)
5.
PRABHU CHAYAPPA PASALKAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: DODDA MEDAR GALLI,
BAILHONGAL,DIST: BELGAUM.
(OWNER OF AMBASSADOR CAR NO KA-22/M-521)
..….RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADV.FOR R1,
SRI.RAJESH B.RAJANAL, ADV.FOR R3
SRI.P.G.CHIKKANARGUND,ADV. FOR R5
R2 SERVED
NOTICE TO R4 IS HELD SUFFICIENT)
THIS MFA IS FILED U/S.173(1) OF THE M.V.ACT 1988,
AGAINST THE JUDGEMENT AND AWARD DATED:13.10.2011,
PASSED IN MVC NO.851/2010 ON THE FILE OF THE SENIOR
CIVIL JUDGE, ASSIST. SESSIONS JUDGE AND MEMBER,
- 3 -
ADDL.MACT, BAILHONGAL, AWARDING THE COMPENSATION
OF RS.84,300/- WITH INTEREST AT THE RATE OF 6% P.A.
SHALL BE DEPOSITED THE AMOUNT AT THE RAIOOF 50:50
WITH INTEREST WITHIN SIX MONTHS FROM THE DATE OF
THE ORDER.
IN MFANO.20235/2012
BETWEEN
THE BRANCH MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
MERCHANT’S BUILDING,
S.R.CIRCLE, BAILHONGAL,
DIST: BELGAUM.
REP. BY IT’S ASST. MANAGER,
REGIONAL OFFICE, SUMANGALA COMPLEX,
LAMINGTON ROAD, HUBLI - 29.
.....APPELLANT
(BY SRI. G N RAICHUR, ADV.)
AND
1.
SRI.IRANNA ADIVEPPA HUBBALI
AGE: 34 YEARS, OCC: AGRICULTURE(NOW NIL)
R/O: TADASLUR, TQ: SAUNDATTI,
NOW AT C/O: KALABURGI BUILDING,
VINAYAKA NAGAR,BAILHONGAL,
DIST: BELGAUM.
2.
BHUPAL BHARAMA MUKRE,
AGE: MAJOR, OCC: BUSINESS,
R/O: H.NO. 244, 2ND MAIN,
BHARATI NAGAR,DHARWAD,
DIST: DHARWAD.
(OWNER OF INDICA CAR NO. KA-25/N-2339)
3.
THE DIVSIONAL MANAGER,
NATIONAL INSURANCE COMPANY LIMITED
- 4 -
THROUGH ITS DIVISIONAL OFFICE,
RAMDEV GALLI, NEAR KAVERI COLD DRINKS,
BELGAUM, DIST: BELGAUM.
(INSURER OF INDICA CAR NO. KA-25/N-2339)
4.
SOMASHEKAR SHIVAPUJAPPA JAVALLI,
AGE: MAJOR, OCC: BUSINESS,
R/O: 534, KITTUR CHANNAMMA NAGAR,
3RD CROSS, BAILHONGAL,
DIST: BELGAUM.
(POLICY HOLDER OF AMBASSADOR CAR
NO. KA-22/M-521)
5.
PRABHU CHAYAPPA PASALKAR,
AGE: MAJOR, OCC: BUSINESS,
R/O: DODDA MEDAR GALLI,
BAILHONGAL,DIST: BELGAUM.
(OWNER OF AMBASSADOR CAR NO KA-22/M-521)
..….RESPONDENTS
(BY SRI. HANAMANT R. LATUR, ADV.FOR R1,
SRI.RAJESH B.RAJANAL, ADV.FOR R3
R2 & R5 ARE SERVED
NOTICE TO R4 IS HELD SUFFICIENT)
THIS MFA IS FILED U/S.173(1) OF THE M.V.ACT 1988,
AGAINST THE JUDGEMENT AND AWARD DATED:13.10.2011,
PASSED IN MVC NO.763/2010 ON THE FILE OF THE SENIOR
CIVIL JUDGE, ASSISTANT SESSIONS JUDGE AND MEMBER,
ADDL.MACT, BAILHONGAL, AWARDING THE COMPENSATION
OF RS.83,500/- WITH INTEREST AT THE RATE OF 6% P.A.
FROM THE DATE OF PETITION TOWARDS COMPENSATION.
IN MFA NO.20237/2012
BETWEEN
- 5 -
THE BRANCH MANAGER,
THE ORIENTAL INSURANCE COMPANY LTD.,
MERCHANT’S BUILDING,
S.R.CI
