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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 3^RD DAY OF FEBRUARY 2021

PRESENT

THE HON’BLE MR. JUSTICE G.NARENDAR

AND

THE HON’BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

MFA NO.103514/2015

C/w.

MFA Nos.100413/2015, 103515/2015,

103516/2015, 103517/2015, 103568/2015,

103569/2015, 103570/2015, 103571/2015

& MFA CROB. NO.100139/2015 (MV)

IN MFA NO.103514 OF 2015

BETWEEN

THE DIVISIONAL MANAGER

NATIONAL INSURANCE COMPANY LIMITED,

732, FIRST FLOOR, RAMADEV GALLI, BELGAUM.

NOW REP BY ITS DEPUTY MANAGER,

REGIONAL OFFICE, II FLOOR,

ARIHANT PLAZA, KUSUGAL ROAD, KESHWAPUR

HUBBALLI-580023

…APPELLANT

(BY SRI.S K KAYAKAMATH, ADVOCATE))

AND

1.

MAHANTESH KALLAPPA KONINNAVAR

AGE:37 YEARS OCC:SECURITY GUARD

R/O:AMBIKA NAGAR, TQ:HALIYAL

NOW AT 363/2A, MURIKIBHAVI

TQ:BAILHONGAL

DIST:BELAGAVI

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2.

THE EXECUTIVE ENGINEER

KARNATAKA POWER CORPORATION LIMITED,

AMBIKA NAGAR, TQ:HALIYAL

DIST:UTTAR KANNADA

…RESPONDENTS

(BY SRI.HANAMANT R LATUR, ADVOCATE FOR R1,

SRI.MRUTYUNJAYA S HALLIKERI, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988,

AGAINST THE JUDGMENT & AWARD DATED:08.07.2015, PASSED IN

MVC.NO.1684/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE AND

MEMBER

ADDITIONAL

MOTOR

ACCIDENT

CLAIMS

TRIBUNAL,

BAILHONGAL, AWARDING THE COMPENSATION OF RS.6,36,000/-

WITH CURRENT AND FUTURE INTEREST AT THE RATE OF 9% P.A. ON

6,06,000/- FROM THE DATE OF PETITION TILL DEPOSIT.

IN MFA NO.100413 OF 2015

BETWEEN

NATIONAL INSURANCE COMPANY LTD.,

JUBILEE CIRCLE, DHARWAD, NOW

RPTD.BY ITS DEPUTY MANAGER,

NATIONAL INSURANCE CO.LTD.,

REGIONAL OFFICE, II FLOOR,

ARIHANT PLAZA, KUSUGAL ROAD,

KESHWAPUR, HUBLI-23

…APPELLANT

(BY SRI.S K KAYAKAMATH, ADVOCATE)

AND

1.

SMT.SHAINAJ W/O SHARPUDDIN SHAIKH

AGE: 48 YEARS, OCC: HOUSEHOLD,

2.

SHADAT S/O SHARPUDDIN SHAIKH

AGE: 24 YEARS, OCC: STUDENT,

3.

SANA D/O SHARPUDDIN SHAIKH

AGE: 22 YEARS, OCC: STUDENT,

4.

SOHEB S/O SHARPUDDIN SHAIKH

AGE: 19 YEARS, OCC: STUDENT, MINOR

5.

SADDAM S/O SHARPUDDIN SHAIKH

AGE: 17 YEARS, OCC: STUDENT, MINOR

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6.

SAMREEN D/O SHARPUDDIN SHAIKH

AGE: 13 YEARS, OCC: STUDENT, MINOR

7.

SOLIBA DP SHARPUDDIN SHAIKH

AGE: 17 YEARS, OCC: STUDENT, MINOR

RESPONDENTS NO.5 TO 7 REPRESENTED

BY RESPONDENT NO.1

SMT.SHAINAJ W/O SHARPUDDIN SHAIKH

MOTHER NATURAL MINOR GUARDIN

ALL ARE R/O. 50/2D TYPE AMBIKANAGAR,

TALUK: HALIYAL, DIST: UTTARA KANNADA

8.

ASSISTANT GENERAL MANAGER

GUARAGE KARNATAKA POWER

CORPORATION, AMBEKANAGAR, HALIYAL, U.K.

…RESPONDENTS

(BY SRI.ANANT HEGDE, ADVOCATE FOR R1-R7,

NOTICE TO R8 DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE

JUDGMENT

&

AWARD

DATED:18.11.2014,

PASSED

IN

MVC.NO.46/2013, ON THE FILE OF THE MEMBER, ADDITIONAL MOTOR

ACCIDENT CLAIMS TRIBUNAL, YELLAPUR SITTING AT HALIYAL,

AWARDING

COMPENSATION

OF

Rs.46,88,464/-

ALONG

WITH

INTEREST AT THE RATE OF 7% P.A. FROM 17.8.2013 TILL THE DATE

OF REALIZATION, ON WHICH DATE PETITION WAS FILED FROM

RESPONDENTS.

IN MFA NO.103515 OF 2015

BETWEEN

THE DIVISIONAL MANAGER

NATIONAL INSURANCE COMPANY LIMITED,

732, FIRST FLOOR, RAMADEV GALLI,

BELAGAVI. NOW REPRESENTED BY ITS DEPUTY MANAGER,

REGIONAL OFFICE, II FLOOR,

ARIHANT PLAZA, KUSUGAL ROAD,

KESHWAPUR, HUBBALLI-580023

…APPELLANT

(BY SRI.S K KAYAKAMATH, ADVOCATE)

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AND

1.

SRI.RAGHAVENDRA VENKATARAMAN BHAT

AGE:26 YEARS

OCC PRIEST AND KIRANA SHOP (NOW NIL)

R/O:NEAR AYYAPPA TEMPLE, AMBIKA NAGAR,

TQ:HALIYAL, DIST:UTTAR KANNADA

2.

THE EXECUTIVE ENGINEER

KARNATAKA POWER CORPORATION LIMITED,

AMBIKA NAGAR,

TQ:HALIYAL, DIST:UTTAR KANNADA

…RESPONDENTS

(BY SRI.HANAMANT R LATUR, ADVOCATE FOR R1,

SRI.MRUTYUNJAY S HALLIKERI, ADVOCATE FOR R2)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988,

AGAINST THE JUDGMENT & AWARD DATED:08.07.2015, PASSED IN

MVC.NO.1685/2013 ON THE FILE OF THE SENIOR CIVIL JU