1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 29^TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR.JUSTICE P.KRISHNA BHAT

M.F.A.No.31057/2012 (MV)

C/W

M.F.A.No.31058/2012 (MV)

M.F.A.No.31057/2012

BETWEEN:

The Branch Manager,

The New India Assurance Co. Ltd.,

Hutatma Shruti Mandir Complex,

Park Chowk, Solapur-413001

(notice may be served through its

Bijapur Branch, the Branch Manager

New India Assurance Co. Ltd.,

Gurukul Road, Bijapur)

Now represented by its Asst. Manager

Regional Office, Hubli.

… Appellant

(By Smt. Sumitra H., Advocate (absent)

AND:

1.

Rahisa W/o Bandenawaj Shaikh @ Bande,

Aged : 34 years, Occ: Household work,

R/o Near J.B.Garden, Near Asar Mahal,

Bijapur.

2

2.

Asif S/o Bandenawaj Shaikh @ Bande,

Aged : 16 years, minor

3.

Shaheen D/o Bandenawaj Shaikh @ Bande,

Aged : 15 years, minor

4.

Gausiya D/o Bandenawaj Shaikh @ Bande,

Aged : 13 years, minor

5.

Gauspakh S/o Bandenawaj Shaikh @Bande,

Aged : minor

(Petitioner No.2 to 5 are minors hence

they are represented by their

natural mother i.e. Petitioner No.1).

6.

Nazeema W/o Bandenawaj Shaikh @ Bande,

Aged : 33 years, Occ: Household work,

R/o Near J.B.Garden, Near Asar Mahal,

Bijapur.

7.

Salman S/o Bandenawaj Shaikh @ Bande,

Aged : 9 years, minor

8.

Shruk S/o Bandenawaj Shaikh @ Bande,

Aged : 7 years, minor

(Petitioner No.7 & 8 minors u/g

of Petitioner No.6 mother & natural

guardian).

9.

Saifuddin S/o Hussain Daruawale,

Aged: 52 years, Occ: Driver,

R/o 748, Shukrawar Peth,

Solapur.

3

10.

Rajak S/o Vajirsab Mujawar,

Aged : 54 years, Occ: Business,

R/o 13, Shashtri Nagar,

Solapur-413001.

… Respondents

(Smt. Ratna N. Shivayogimath, Advocate for R1 & R6;

R2 to R5, R7 & R8 are minors;

R9 is served;

Notice to R10 is dispensed with v/o dated 22/9/14)

This MFA is filed under Section 173 (1) of Motor

Vehicle Act-1988, praying to call for the records in MVC

No.1352 of 2008 on the file of the Presiding Officer, Fast

Track Court I/II, Bijapur and set aside and modify the

Judgment and Award dated 09/02/2012 by allowing

this appeal with costs and grant such other relief and

further reliefs, as this Hon’ble Court deems fit to grant

in the facts and circumstances of the case, in the

interest of justice and equity.

M.F.A.No.31058/2012

BETWEEN:

The Branch Manager,

The New India Assurance Co. Ltd.,

Hutatma Shruti Mandir Complex,

Park Chowk, Solapur-413001

(notice may be served through its

Bijapur Branch, the Branch Manager

New India Assurance Co. Ltd.

Gurukul Road, Bijapur)

Now represented by its Asst. Manager

Regional Office, Hubli.

… Appellant

(By Smt. Sumitra H., Advocate)

4

AND:

1.

Rafiq S/o Kareem Hirapure,

Age: 34 years,Occ: Nil,

R/o Near Asar Mahal,

Bijapur.

2.

Saifuddin S/o Hussain Daruawale,

Aged: 52 years, Occ: Driver,

R/o 748, Shukrawarpet,

Solapur.

3.

Rajak s/o Vajirsab Mujawar,

Aged : 54 years, Occ: Business,

R/o 13, Shashtrinagar,

Solapur-413001.

… Respondents

(Smt. Ratna N. Shivayogimath, Advocate for R1;

R2 is served;

Notice to R3 is dispensed with v/o dated 19/9/14)

This MFA is filed under Section 173 (1) of Motor

Vehicle Act-1988, praying to call for the records in MVC

No.1351 of 2008 on the file of the Presiding Officer, Fast

Track Court I/II, Bijapur, and set aside and modify the

Judgment and Award dated 09/02/2012 by allowing

this appeal with costs and grant such other relief and

further reliefs, as this Hon’ble Court deems fit to grant

in the facts and circumstances of the case, in the

interest of justice and equity.

These appeals coming on for Final Hearing, this

day, the Court delivered the following:

5

J U D G M E N T

These are the insurer’s appeals calling in question

the judgment and award dated 09.02.2012 in MVC

Nos.1351 and 1352/2008 by the learned MACT and

FTC-I/II, Vijaypur.

2.

I