HIGH COURT OF KARNATAKA
SHRI.RAGHAVENDRA S/O VENKATARAMAN BHAT – Appellant
Versus
THE EXECUTIVE ENGINEER – Respondent
MFA/103569/2015
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD 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