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HIGH COURT OF KARNATAKA
LEGAL MANAGER, CHOLAMANDALAM – Appellant
Versus
RENUKA @ RENUKAVVA – Respondent
MFA/102549/2017
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
MFA No.102549/2017 (MV)
C/w.
MFA No.103809/2018
IN MFA NO.102549/2017
Between
Legal Manager,
Cholamandalam M.S. General Insurance Company Ltd.,
Unit No.4, 9th Floor (Level-06)
Golden height complex,59th C Cross,
Industrial Suburb, Rajaji Nagar,
4th M Block, Bangalore – 560010
By its authorized officer.
...Appellant
(By Sri. S.K.Kayakmath, Advocate)
A n d
1.
Renuka @ Renukavva W/o. Late Bharamappa Dambal,
Age 52 years, Occ: Household,
2.
Parashuram S/o. Late Bharamappa Dambal,
Age 32 years, Occ: Private employee.
3.
Venkatesh S/o. Late Bharamappa Dambal,
2
Age 30 years, Occ: Coolie,
4.
Shivaraj Kumar @ Shivaraj S/o. Late
Bharamappa Dambal, Age 26 years,
Occ: Student
5.
Parameshi S/o. Bharamappa Dambal,
Age 24 years, Occ: Student,
All are R/o. Bisaralli, Tq. and Dist. Koppal – 583231.
6.
Saleem S/o. Jafarsab Maniyar,
Age 33 years, Occ: Driver of Ape
Bearing No.KA 37 A 5356,
R/o. Bisaralli, Tq. & Dist. Koppal – 583231.
7.
Khajamainusab S/o. Jafar Sab Maniyar,
Age 27 years, Occ: Owner of Ape bearing
No.KA 37/A 5356, R/o. Bisaralli,
Tq. and Dist. Koppal – 583231.
.... Respondents
(Sri. D.V.Pattar, Advocate for R1 to R5;
Sri. C.M.Hosamani, Advocate for R6 & R7)
This MFA is filed u/S. 173(1) of M.V.Act, 1988, against the
Judgment and Award dated 10.04.2017 passed in MVC
No.590/2015 on the file of the Senior Civil Judge and Member,
Additional Motor Accident Claims Tribunal, Koppal, awarding
compensation of Rs.4,25,560/- with interest at the rate of 6%
p.a. from the date of petition till its realization.
IN MFA NO.103809/2018
Between
1.
Renuka @ Renukavva W/o. Late Bharamappa Dambal,
Age 53 years, Occ: Household,
R/o. Bisaralli, Tq. Dist. Koppal,
3
Pin – 583235.
2.
Parashuram S/o. late Bharamappa Dambal,
Age 33 years, Occ: Private Employee,
R/o. Bisaralli, Tq. and Dist. Koppal,
Pin : 583235.
3.
Venkatesh S/o. Late Bharamappa Dambal,
Age 31 years, Occ: Coolie,
R/o. Bisaralli, Tq. and Dist. Koppal,
Pin – 583235.
4.
Shivaraj Kumar @ Shivaraj
S/o. Late Bharamappa Dambal,
Age 27 years, Occ: Student,
R/o. Bisaralli, Tq. and Dist. Koppal,
Pin – 583235
5.
Parameshi S/o. Late Bharamappa Dambal,
Age 25 years, Occ: Student,
R/o. Bisaralli, Tq. and Dist. Koppal,
Pin – 583235.
...Appellants
(By Sri. D.V.Pattar, Advocate)
A n d
1.
Saleem S/o. Jafarsab Maniyar,
Age 34 years, Occ: Driver of Ape
Bearing No.KA 37 A-5356,
R/o. Bisaralli, Tq. & Dist. Koppal
Pin– 583231.
2.
Khajamainusab S/o. Jafar Sab Maniyar,
Age 28 years, Occ: Owner of Ape bearing
No.KA-37/A-5356, R/o. Bisaralli,
Tq. and Dist. Koppal
Pin – 583231.
4
3.
Legal Manager,
Cholamandalam MS
General Insurance Company Ltd.,
Unit No.4, 9th Floor, (Level-05)
Golden Height Complex,
59th C Cross, Industrial Suburb,
Rajaji Nagar, 4th M Block,
Bangalore, Pin – 560010.
.... Respondents
(Notice to R1 and R2 served;
Sri. S.K.Kayakmath, Advocate for R3)
This MFA is filed u/S. 173(1) of M.V.Act, 1988, against the
Judgment and Award dated 10.04.2017 passed in MVC
No.590/2015 on the file of the Senior Civil Judge and Additional
Motor Accident Claims Tribunal, Koppal, partly allowing the claim
petition
for
compensation
and
seeking
enhancement
of
compensation.
These MFAs coming on for Admission this day, the Court
passed the following:
COMMON JUDGMENT
These appeals are filed agianst the Judgment and Award
dated 10.04.2017 passed by the Senior Civil Judge and Member,
Additional MACT, Koppal, in MVC No.590/2015.
2.
On 10.03.2015, one Sri. Bharamappa sucumbed to
the accidental i
