IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 16^TH DAY OF NOVEMBER, 2021

BEFORE

THE HON’BLE MR.JUSTICE RAVI V. HOSMANI

M.F.A.NO.24514/2011 (MV)

C/W.

M.F.A.NO.24672/2011 (MV)

IN MFA NO.24514/2011

BETWEEN:

BAJAJ ALLIANZ GENERAL

INSURANCE CO. LTD.,

BELAGAVI, REP. BY ITS

DEPUTY MANAGER, BAJAJ ALLIANZ

GENERAL INSURANCE CO.LTD.,

KALBURGI COMPLEX, LAMINGTON

ROAD, HUBBALLI.

...APPELLANT.

(BY SHRI S K KAYAKAMATH, ADVOCATE.)

AND:

1.

RANGAPPA S/O KANAKAPPA BENAKATTI,

AGE: 47 YEARS, OCC: AGRICULTURE,

PRESENTLY NIL, R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

SINCE DECEASED, BY L.RS.,

1A.

SMT.NEELAWWA

W/O.LATE RANGAPPA BENAKATTI,

AGE: 61 YEARS, OCC: NOT KNOWN,

2

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1B.

KANAKAPPA

S/O.LATE RANGAPPA BENAKATTI,

AGE: 42 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1C.

HANUMANTH

S/O.LATE RANGAPPA BENAKATTI,

AGE: 39 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1D.

SANGAMMA

D/O.LATE RANGAPPA BENAKATTI,

AGE: 36 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

2.

DUNDAPPA S/O GOVINDAPPA YADAHALLI,

AGE: MAJOR, OCC: OWNER OF

VEHICLE BEARING REG NO. KA-29/8308,

R/O. BENAKATTI, TQ. AND DIST. BAGALKOTE.

…RESPONDENTS.

(BY SHRI SRINIVAS K. NADAMANI, ADVOCATE, FOR SHRI HARSH

DESAI, ADVOCATE, FOR R.1(A) TO (D);

SHRI M.V.HIREMATH AND SHRI V.S.KALASURMATH, ADVOCATES,

FOR R.2.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO SET

ASIDE THE JUDGMENT AND AWARD DATED 30.05.2011, PASSED IN

MVC NO.90/2009, ON THE FILE OF THE MEMBER, MACT-II,

BAGALKOTE, ETC.,.

3

IN MFA NO.24672/2011

BETWEEN:

1.

RANGAPPA S/O KANAKAPPA BENAKATTI,

AGE: 47 YEARS, OCC: AGRICULTURE,

PRESENTLY NIL, R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

SINCE DECEASED, BY L.RS.,

1A.

SMT.NEELAWWA

W/O.LATE RANGAPPA BENAKATTI,

AGE: 61 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1B.

KANAKAPPA

S/O.LATE RANGAPPA BENAKATTI,

AGE: 42 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1C.

HANUMANTH

S/O.LATE RANGAPPA BENAKATTI,

AGE: 39 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

1D.

SANGAMMA

D/O.LATE RANGAPPA BENAKATTI,

AGE: 36 YEARS, OCC: NOT KNOWN,

R/O SHIRUR,

TQ. AND DIST. BAGALKOTE.

...APPELLANTS.

(BY SHRI SRINIVAS K. NADAMANI, ADVOCATE, FOR SHRI HARSH

DESAI, ADVOCATE.)

AND:

1.

DUNDAPPA

S/O GOVINDAPPA YADAHALLI

4

AGE: MAJOR, R/O: BENAKATTI,

TQ AND DIST: BAGALKOTE,

OWNER OF VEHICLE BEARING

NO. KA-29/8308.

2.

BAJAJ ALLIANZ GENERAL

INSURANCE CO. LTD.,

BY ITS MANAGER, BELAGAVI

…RESPONDENTS.

(BY SHRI M V HIREMATH AND V S KALASURMATH, ADVOCATES, FOR

R.1;

SHRI S.K.KAYAKAMATH, ADVOCATE, FOR R.2.)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER

SECTION 173(1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO

MODIFY THE JUDGMENT AND AWARD DATED 30.05.2011, PASSED IN

MVC NO.90/2009, ON THE FILE OF THE MEMBER, MACT NO.II,

BAGALKOTE, ETC.,.

THESE APPEALS COMING ON FOR ADMISSION THIS DAY, THE

COURT DELIVERED THE FOLLOWING:

JUDGMENT

Challenging judgment and award dated 30.5.2011, passed

by MACT-II, Bagalkote, in MVC No.90/2009, these appeals are

filed.

2.

Brief facts as stated are that, on 11.1.2009,

claimant Rangappa was travelling in vehicle bearing registration

No.KA-29/8308 from Shirur to Guledgudda. While alighting from

5

vehicle, driver moved vehicle suddenly, as a result of which its

wheel ran over on his right leg. Due to injuries, Rangappa was

admitted to hospital for treatment. However despite treatment

he could not recover fully and there was amputation of his right

leg below knee. Claiming compensation for disability sustained,

he filed a petition under Section 166 of Motor Vehicles Act,

1988, against owner and insurer of insured vehicle.

3.

Respondent No.2 entered appea