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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 29^TH DAY OF JULY 2019

PRESENT

THE HON’BLE MRS. JUSTICE S.SUJATHA

AND

THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO

MFA NO.31100/2011 (MV)

C/W

MFA No.31263/2011 (MV)

MFA No.31100/2011:

Between:

The Manager

National Insurance Co. Ltd.,

Porwal Building Siddeshwar Cross Road

Bijapur

Now represented by

Its Asst. Manager

…Appellant

(By Sri S.S.Aspalli, Advocate)

And:

1. Smt. Bourawwa W/o Irayya Kundaragi

Age: 77 years Occ: Household

Died, through LRs (R2 to R4)

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2. Smt. Parawatewwa W/o Rudhrayya

Kundaragi

Age: 42 years, Occ: Household

3. Srikant S/o Rudhrayya Kundaragi

Age: 24 years, Occ: Agriculture

4. Kumar Chinayya S/o Rudhrayya

Age: 15 years (Minor)

Occ: Student

U/G Natural Mother

Smt. Parawatewwa W/o Rudhrayya

Kundaragi (respondent No.2)

All are R/o Arkeri village

Tq. Bilagi, Dist. Bagalkot

5. Jayaram S/o Parshuram Nayak

Age: 37 years, Occ: Business

R/o W.No.9, Shahunagar

Raghavendra Colony Nilkamal

Building Bijapur.

…Respondents

(Respondents are served)

This Miscellaneous First Appeal is filed under Section

173 (1) of MV Act, praying to set aside the judgment and

award in MVC No.1202/2008 dated 02.02.2011 passed by

the MACT & Fast Track Court-II, Bijapur by allowing the

appeal.

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MFA No.31263/2011:

Between:

1. Smt. Bourawwa W/o Irayya Kundaragi

Aged about 78 years

Occ: Household work

2. Smt. Parawatewwa W/o Rudrayya

Kundaragi

Aged about 43 years,

Occ: Household

3. Srikant S/o Rudhrayya Kundaragi

Aged about 25 years,

Occ: Agriculture

4. Kumar Chinayya S/o Rudrayya

Kundaragi,

Aged about 16 years

Occ: Student

(Since minor rep. by natural mother

and Guardian appellant No.2)

All are R/o Arakeri village

Tq. Bilagi, Dist. Bagalkot

…Appellants

(By Smt. Shailaja C.D., Advocate for

Smt. Ratna N. Shivayogimath, Advocate)

And:

1. Jayaram S/o Parshuram Nayak

Aged about 38 years, Occ: Business

R/o W.No.9, Shahunagar

Raghavendra Colony Nilkamal

Building Bijapur.

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2. The Manager

National Insurance Co. Ltd.

Porwal building, Siddeshwar

Cross Road, Bijapur

…Respondents

(By Sri S.S. Aspalli, Advocate for R2

Notice to R1 is dispensed with vide order dated 29.06.2011)

This Miscellaneous First Appeal is filed under Section

173 (1) of MV Act, praying to set aside the judgment and

award dated 02.02.2011 passed by the MACT & Fast Track

Court-I/II, Bijapur in MVC No.1202/2008 and award the

compensation of Rs.27,66,000/- as prayed for in the original

claim petition.

These appeals coming on for final hearing, this day,

N.K.Sudhindrarao J., delivered the following:

JUDGMENT

MFA No.31100/2011 is filed by the Insurance Company

challenging the liability fastened on it and the quantum of

compensation awarded by the Tribunal. MFA No.31263/2011

is

filed

by

the

claimants

seeking

enhancement

of

compensation awarded by the Tribunal.

2.

These appeals are directed against the judgment

and award passed in MVC No.1202/2008 dated 02.02.2011

by the MACT and Fast Track Court I/II, Bijapur wherein claim

petition filed by Smt. Bourawwa and three others came to be

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allowed in part and a compensation of Rs.2,84,000/- was

awarded together with interest at the rate of 6% per annum

from the date of petition till deposit of entire amount.

3.

The brief facts of the case are that, on

13.03.2008 at 3.00 p.m. the deceased along with one

Vishnukumar were proceeding by walk on Galagali to Bijapur

PWD road, near Nandi Sugar Factory, Krishna Nagar, Tq.

Bijapur. A motor cycle bearing Reg.No.KA-28/L-6305 came

in a rash and negligent manner and dashed to the deceased

and Vishnukumar, due to which the petitioner and Rudrayya

sustained injuries and Rudrayya died on the way to the

hospital. The dependants of deceased Rudrayya presented

the claim petition claiming compensation.

4.

The learned counsel Sri S.S. Aspalli, appearing

for the Insurance Company would submit that the claimants

are not entitled for the compensation as no liability can be

fastened on the Insurance Company in the facts and

circumsta