IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 10^TH DAY OF MARCH, 2020

BEFORE

THE HON’BLE MR. JUSTICE E.S. INDIRESH

MISCELLANEOUS FIRST APPEAL NO.101492 OF 2017 (MV)

A/W

MFA CROB NO.100092 OF 2019

MFA NO.101492 OF 2017

BETWEEN:

NEAREST BRANCH OFFICE AT

ROYAL SUNDARAM ALLIANCE INSURANCE

COMPANY LIMITED

PLOT NO.3 AND 9,

TS NO.57, 16^TH WARD, 1^ST FLOOR

SPL COMPLEX, DR. RAJKUMAR ROAD

BALLARI

THE MANAGER,

ROYAL SUNDARAM ALLIANCE INSURANCE

COMPANY LIMITED

HEAD OFFICE, VISHRANTHI MELARAM TOWERS

NO.2/319, RAJIVE GANDHI SALAI

(OMR) KARAPAKKAM

CHENNAI 600 097

NOW REPRESENTED BY ITS

AUTHORISED SIGNATORY

…APPELLANT

(BY SHRI S K KAYAKAMATH, ADV.)

AND:

1. MINOR @ ASIF MAHAMMAD

S/O LATE RAHEMAN SAB

AGED ABOUT 17 YEARS

OCC: STUDENT (9^TH STANDARD)

RESIDENT OF 20^TH WARD

2

SHIBARDINNI, KAMPLI

HOSAPETE TALUK

BALLARI DISTRICT

2. MINOR SAINAZ BEE

D/O LATE RAHEMAN SAB

AGED ABOUT 14 YEARS

OCC: STUDENT

RESIDENT OF 20^TH WARD

SHIBARDINNI, KAMPLI

HOSAPETE TALUK

BALLARI DISTRICT

3. SMT. SHAKHINABEE

W/O LATE HUSSAIN SAB

AGED ABOUT 52 YEARS

COOLIE, R/O 3^RD CROSS

HAMPI ROAD

HOSAPETE 583 201

(SINCE RESPONDENTS NO.1 AND 2

ARE MINORS, REPREWENTED BY

M/G SMT. SHAKHINABEE-R3)

4. RARAVI SANTOSH @ R SANTOSH KUMAR

S/O RARAVI DEVAPPA

AGED 33 YEARS

EDDIGARU, DRIVER-CUM-OWNER

OF THE VEHICLE BEARING

REGN. NO.KA 35/B 4765

R/O 2^ND WARD, MAIN ROAD NO.76

VENKATAPUR CAMP

HOSAPETE TALUK

BALLARI DISTRICT 583 132

…RESPONDENTS

(BY SHRI GURURAJ R TURAMARI, ADV. FOR R1 TO R3;

SHRI G.I. GACHCHINAMATH, ADV. FOR R4)

THIS MFA IS FILED UNDER ORDER 173(1) OF THE

MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND

AWARD DATED 21.02.2017 PASSED IN MVC NO.825/2015 ON

THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND

3

JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE AWARDING

COMPENSATION OF RS.9,48,000/- WITH INTEREST AT 7%

PER

ANNUM

FROM

THE

DATE

OF

PETITION

TILL

ITS

REALISATION.

MFA CROB. 100092 OF 2019

BETWEEN:

1. MINOR @ ASIF MAHAMMAD

S/O LATE RAHEMAN SAB

AGED ABOUT 19 YEARS

OCC: STUDENT

R/O 20^TH WARD

SHIBARDINNI, KAMPLI

HOSAPETE TALUK

BALLARI – 583 201

2. MINOR SAINAZ BEE

D/O LATE RAHEMAN SAB

AGED ABOUT 16 YEARS

OCC: STUDENT

RESIDENT OF 20^TH WARD

SHIBARDINNI, KAMPLI

HOSAPETE TALUK

BALLARI DISTRICT

3. SMT. SHAKHINABEE

W/O LATE HUSSAIN SAB

AGED ABOUT 58 YEARS

OO: COOLIE, R/O 3^RD CROSS

HAMPI ROAD

HOSAPETE 583 201

…CROSS OBJECTORS

(BY SHRI G.R. TURAMARI, ADVOCATE)

AND:

1. RARAVI SANTOSH @ R SANTOSH KUMAR

S/O RARAVI DEVAPPA

AGED 34 YEARS

OCC: DRIVER-CUM-OWNER

4

OF THE VEHICLE BEARING

REGN. NO.KA 35/B 4765

R/O 2^ND WARD, MAIN ROAD NO.76

VENKATAPUR CAMP

HOSAPETE TALUK

BALLARI DISTRICT 583 132

2. THE MANAGER

ROYAL SUNDARAM ALLIANCE

INSURANCE COMPANY LTD.

PLOT NO.3 AND 9, T.S. NO.57

16^TH WARD, 1^ST FLOOR

SPL COMPLEX, DR. RAJKUMAR ROAD

BALLARI – 583 102

…RESPONDENTS

(BY SHRI G.I. GACHCHINAMATH, ADV. FOR R1;

SHRI S.K. KAYAKAMATH ADV. FOR R2)

THIS MFA CROB. IN MFA NO.101494 OF 2017 IS FILED

UNDER ORDER XLI RULE 22 OF CPC AGAINST THE JUDGMENT

AND AWARD DATED 21.02.2017 PASSED IN MVC NO.825 OF

2015 ON THE FILE OF THE PRINICPAL SENIOR CIVIL JUDGE

AND JUDICIAL MAGISTRATE FIRST CLASS, HOSAPETE PARTLY

ALLOWING THE CLAIM PETITION FOR COMPENSATION AND

SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL AND CROB COMING ON FOR ORDERS

THIS DAY, THE COURT DELIVERED THE FOLLOWING:

J U D G M E N T

This Miscellaneous First Appeal is directed against the

judgment and award dated 21^st February, 2017 passed in

MVC No.825 of 2015 by the Court of the Principal Senior Civil

Judge-cum-Member,

Motor

Accident

Claims

Tribunal-IV,

Hosapete (for short hereinafter referred to as ‘the Tribunal’)

5

whereunder

the

Tribunal

has

awarded

compensation

of

Rs.9,48,000/- with interest at 7% per annum from the date of

petition till its realisation. The appellant-Insurance Company