IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 15^TH DAY OF SEPTEMBER 2021

BEFORE

THE HON’BLE MR. JUSTICE V. SRISHANANDA

M.F.A. NO. 24628 OF 2012

C/W

M.F.A.CROB. NO. 841 OF 2013 (MV)

IN M.F.A. NO. 24628 OF 2012:

BETWEEN:

THE MANAGER, ORIENTAL INSURANCE CO. LTD.

NO.21, 1ST FLOOR, MISSION ROAD,

NEAR SUBBAYYA CIRCLE, BANGALORE.

R/BY ASST. MANAGER, ORIENTAL INSURANCE CO. LTD.

REGIONAL OFFICE,

LAMAINGTON ROAD, HUBLI.

... APPELLANT

(BY SRI. S V YAJI, ADVOCATE)

AND:

1 . VINAYA ACHARY W/O SUBRAMANYACHARI

AGE: 45 YEARS, OCC: SERVICE,

R/O BASAVESHWAR NAGAR, TQ:DIST: HAVERI.

2 . VISHNU ACHARY S/O SUBRAMANYACHARI

AGE: 35 YEARS, OCC: SERVICE,

R/O BASAVESHWAR NAGAR,TQ:DIST: HAVERI.

3 . VIJEATH ACHARY D/O SUBRAMANYACHARI,

AGE: 27 YEARS, OCC: SERVICE,

- 2 -

R/O BASAVESHWAR NAGAR,TQ:DIST: HAVERI.

4 . SMT. AMINABI SIDDIQUE

OWNER OF THE TATA SUMO BEARING NO.

KA-22/M-7300, AGE: 52 YEARS, OCC: BUSINESS,

R/O PLOT NO.17, AZAM NAGAR, TQ:DIST: BELGAUM.

5 . THE BRANCH MANAGER

UNITED INSURANCE CO. LTD.

MARATHA GALLI, BELGAUM.

6 . MAHAMMAD PULESH S/O ABDUL RASHEED

AGE: 48 YEARS, OCC: BUSINESS,NO.3,

OLD PENSION MOHALLA,1ST CROSS,

ISMA CIRCLE, MYSORE ROAD,BANGALORE.

...RESPONDENTS

(BY SRI. G N NARASAMMANAVAR, ADVOCATE FOR R1 TO R3;

R4 – ABATED; R6 - DISPENSED WITH;

SRI. N R KUPPELLUR, ADVOCATE FOR R5)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST

THE JUDGMENT AND AWARD DATED: 11.07.2021 PASSED IN

MVC NO 8/2000 ON FILE OF THE ADDL. SENIOR CIVIL JUDGE

AND MEMBER, ADDL. MACT, HAVERI, AWARDING THE

COMPENSATION OF RS. 13,72,200/- WITH INTEREST AT THE

RATE OF 6% P.A., FROM THE DATE OF PETITION TILL

REALISATION.

IN M.F.A.CROB. NO. 841 OF 2013 :

BETWEEN:

1 . VINAYA ACHARY W/O SUBRAMANYACHARI

AGE: 46 YEARS, OCC: HOUSE HOLD WORK,

R/O BASAVESHWAR NAGAR, TQ:DIST: HAVERI.

2 . VISHNU ACHARY S/O SUBRAMANYACHARI

AGE: 36 YEARS, OCC: STUDENT,

- 3 -

R/O BASAVESHWAR NAGAR,TQ:DIST: HAVERI.

3 . VIJEATH ACHARY D/O SUBRAMANYACHARI,

AGE: 17 YEARS, OCC: STUDENT,

R/O BASAVESHWAR NAGAR,TQ:DIST: HAVERI.

(MINOR R/BY CROSS OBJECTOR 1).

…CROSS OBJECTORS

(BY SRI. G N NARASAMMANAVAR, ADVOCATE)

AND:

1. SMT. AMINABI SHIDDIQUE

AGE:MAJOR, OCC: BUSINESS,

R/O PLOT NO.17, AZAM NAGAR, BELGAUM.

2 . THE BRANCH MANAGER

UNITED INDIA INSURANCE CO. LTD.

MARATHA GALLI, BELGAUM.

3 . MAHAMMAD S/O ABDUL RASHEED

AGE: MAJOR, OCC: BUSINESS,NO.3,

OLD PENSION MOHALLA, 1ST CROSS,

ISMA CIRCLE, MYSORE ROAD,BANGALORE.

4. THE MANAGER, ORIENTAL INSURANCE CO. LTD.

NO.21, 1ST FLOOR, MISSION ROAD,

NEAR SUBBAYYA CIRCLE, BANGALORE.

...RESPONDENTS

(BY SRI. N R KUPPELLUR, ADVOCATE FOR R2;

SRI. S V YAJI, ADVOCATE FOR R4;

R1 – DECEASED; R3- STAND DISMISSED)

THIS MFA.CROB IN MFA NO.24628/2012 FILED U/O. 41

RULE 22 OF CPC.,AGAINST THE JUDGMENT AND AWARD

DATED: 11.07.2021 PASSED IN MVC NO 08/2000 ON FILE OF

- 4 -

THE ADDL. SENIOR CIVIL JUDGE AND MEMBER, ADDL. MACT,

HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR

COMPENSATION

AND

SEEKING

ENHANCEMENT

OF

COMPENSATION.

THIS MFA AND MFA.CROB ARE COMING ON FOR

ORDERS THIS DAY, COURT DELIVERED THE FOLLOWING:

JUDGMENT

Though these matters are listed for orders today, with

the consent of both the parties, matters are taken up for final

disposal.

2.

M.F.A.No.24628/2012 is filed by the Insurance

Company (4th respondent) in M.V.C.No.8/2000 on the file of

the Addl. Senior Civil Judge & A.M.A.C.T., Haveri, challenging

the validity of the judgment and award dated 11.07.2012. The

claimants

have

filed

cross

objection

in

M.F.A.Crob.

No.841/2013 in the very same appeal.

3.

The brief facts, which are necessary for disposal of

the appeal and cross objection are as under:

A claim petition came to be filed under Section 166 of

the Motor Vehicles Act, 1988, (hereinafter referred to as 'MV

Act' for short) contending that on 21.08.1