IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 17^TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

AND

THE HON’BLE MR. JUSTICE E.S. INDIRESH

MFA NO.104014 OF 2017 (MV)

A/W

MFA CROB NO.100063 OF 2018

&

MFA NO.104015 OF 2017

A/W

MFA CROB. NO.100064 OF 2018

MFA No.104014 of 2017

United India Insurance Co. Ltd.

The Divisional Manager

Divisional Office, “Seeta Smruti”

II Floor, PB No.1568, Maruti Galli

Belagavi

Belagavi Taluk and District 590 001

Rep. by its Divisional Manager

…Appellant

(by Smt. Preeti Shashank, Advocate)

And:

1. Smt. Rupali

W/o Nitin Bubani

Aged about 28 years

Occ: Housewife

2

2. Kumar Shrivardhan

S/o Nitin Bubane

Aged about 9 years

Occ: Student

3. Kumar Omkar

S/o Nitan Bubane

Abed about 6 years

Occ: Nil

Respondents No.2 and 3 are minors

Rep. by their natural guardian/mother

Smt. Rupali, ie. R1 herein

All are residents of

A/P Nandani

Taluk: Shirol

District: Kolhapur

Now at Kedar building, plot No.1394

CTS No.5950, Ramthirth Nagar

Belagavi – 590 001

4. Sri Dnyanadev

W/o Mahadev Bubane

Aged about 58 years

Occ: Agriculture

5. Smt. Saraswati

W/o Dnyanadev Bubane

Aged about 51 years

Occ: Housewife

Both are residents of

A/P Nadani,

Taluk: Shirol

District: Kolhapur 416 121

6. Sri Sridhar

S/o Bhujgouda Patil

3

Aged about 56 years

Occ: Agriculture

R/o A/P 2008, B/14, Kadage Mal

Jaysingpur

Taluk: Shirol

District: Kolhapur 416 121

…Respondents

(by Shri M.H. Patil, for R1, R4 and R5;

Notice to R6 dispensed with;

R2 and R3 minors rep. by R1)

MFA filed under Section 173(1) of MV Act, 1988 against

the judgment and award dated 05.08.2017 passed in MVC

No.2491/2016 on the file of XI Additional District and Sessions

Judge and Member, MACT, Belagavi awarding compensation of

Rs.53,09,000/- along with interest at the rate of 9% per annum

from the date of petition till realisation.

MFA CROB NO.100063 OF 2018

Between:

1. Smt. Rupali

W/o Nitin Bubane

Age 28 years

Occ: Housewife

2. Kumar Shrivardhan

S/o Nitin Bubane

Age 9 years

Occ: Student

3. Kumar Omkar

S/o Nitin Bubane

Age 6 years

Occ: Nil

Respondents 2 and 3 are minors

Rep.by their natural guardian mother

4

Cross objector No.1

All are residents of A/P Nandani

Taluk: Shirol

District: Kolhapur

Now at Kedar Building

Plot No.1394, CTS No.5950

Ramatirtha Nagar

Belagavi 590 001

4. Sri Dnyanadev

S/o Mahadev Bubane

Age: 58 years

Occ: Agriculture

5. Smt. Saraswati

W/o Dnuamadev Bubane

Age 51 years

Occ: Housewife

Cross objectors No.4 and 5 are

r/o A/P Nandani,

Taluk: Shirol

District: Kolhapur 416 121

…Cross objectors

(by Shri M.H. Patil, Advocate)

And:

1. Sridhar

S/o Bhujgouda Patil

Age 56 years

Occ: Agriculture

R/o A/P 2008, B/14, Kadage Mal

Jaysingpur

Taluk: Shirol

District Kolhapur – 416 121

5

2. United India Insurance Co. Ltd.

The Divisional Manager

Divisional Office, Seeta Smruti

II Flor, PB No.1568

Maruti Galli,

Belagavi

Taluk and District: Belagavi 590 001

R/by its Divisional Manager

…Respondents

(by Notice to R1 dispensed with;

Smt. Preeti Shashank, Advocate for R2)

MFA Crob in MFA No.104014 of 2017 filed under order XLI

Rule 22 of CPC Against the judgment and award dated

05.08.2017 passed in MVC No.2491/2016 on the file of the XI

Additional District Sessions Judge and Additional Motor Accident

Claims Tribunal, Belagavi partly allowing the claim petition for

compensation and seeking enhancement of compensation.

MFA No.104015 of 2017

Between:

United India Insurance Co. Ltd.

The Divisional Manager

Divisional Office, “Seeta Smruti”

II Floor, PB No.1568, Maruti Galli

Belagavi

Belagavi Taluk and District 590 001

Rep. by its Divisional Manager

…Appellant

(by Smt. Preeti Shashank, Advocate)

And:

1. Smt. Sumita

W/o Sunil Patil

Aged about 45 years

Occ: Housewife

6

2. Miss Supriya

D/