1

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 31^ST DAY OF MAY 2022

PRESENT

THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR

AND

THE HON’BLE MR.JUSTICE S. RACHAIAH

MISCELLANEOUS FIRST APPEAL NO.201361/2017 (MV)

C/W

MISCELLANEOUS FIRST APPEAL NO.201360/2017 (MV)

AND

MISCELLANEOUS FIRST APPEAL No.201362/2017 (MV)

IN MFA.No.201361/2017

Between:

1.

Smt. Channabassabai W/o Chourang Bhale

Age: 56 Years, Occ: Household

2.

Chourang S/o Shamrao Bhale

Age: 71 Years, Occ; Nil

Both R/o Kumbarpatti, Umarga

Now residing Near Aland Naka, Shaha Bazar

Kalaburagi - 585 101

…Appellants

(By Sri Babu H. Metagudda, Advocate)

And:

1.

Balasaheb S/o Gulabrao Warwate

Age: Major, Occ: Owner of Truck No.KA-39/9070

R/o: Village Jajanmugli, Tq: B. Kalyan

2

Dist: Bidar - 585 106

2.

The Divisional Manager

Bajaja Allianz General Insurance Co. Ltd.

IV Floor, Kalaburagi Mansion

Opp: Municipal Corporation, Lamington Road

Hubli, through its Legal Manager-585104

…Respondents

(Sri C. S. Kalburgi, Advocate for R2;

V/o dated 14.08.2019, Notice to R1 is held sufficient)

This MFA is filed under Section 173 (1) of the M.V. Act, 1988

praying to allow this appeal and set aside the judgment and award

dated 10.01.2017 passed in MVC.No.808/2011 by the I Addl.

Senior Civil Judge and MACT at Kalaburagi and award the

compensation of Rs.20,00,000/- with 12% interest and etc.,

IN MFA.No.201360/2017

Between:

1.

Smt. Vimala W/o Arjun Bhosle

Age: 51 Years, Occ: Household

2.

Arjun S/o Maruti Bhosle

Age: 56 Years, Occ: Nil

Both R/o Munchi Plot, Umarga

Now residing Near Aland Naka, Shaha Bazar

Kalaburagi - 585 101

…Appellants

(By Sri Babu H. Metagudda, Advocate)

And:

1.

Balasaheb S/o Gulabrao Warwate

Age: Major, Occ: Owner of Truck No.KA-39/9070

R/o: Village Jajanmugli, Tq: B. Kalyan

3

Dist: Bidar - 585 106

2.

The Divisional Manager

Bajaja Allianz General Insurance Co. Ltd.

IV Floor, Kalaburagi Mansion

Opp: Municipal Corporation, Lamington Road

Hubli, through its Legal Manager

…Respondents

(Sri C. S. Kalburgi, Advocate for R2;

V/o dated 24.07.2019, Notice to R1 is held sufficient)

This MFA is filed under Section 173 (1) of the M.V. Act, 1988

praying to allow this appeal and set aside the judgment and award

dated 10.01.2017 passed in MVC.No.807/2011 by the I Addl.

Senior Civil Judge and MACT at Kalaburagi and award the

compensation of Rs.20,00,000/- with 12% interest and etc.,

IN MFA.No.201362/2017

Between:

1.

Smt. Shantabai W/o Prabhakar Kamble

Age: 56 Years, Occ: Household

2.

Prabhakar S/o Sahadev Kamble

Age: 68 Years, Occ: Nil

Both R/o: Ward No.17

Both R/o: Kumbarpatti, Umarga

Now residing Near Aland Naka

Shaha Bazar, Kalaburagi - 585 101

…Appellants

(By Sri Babu H. Metagudda, Advocate)

And:

1.

Balasaheb S/o Gulabrao Warwate

Age: Major, Occ: Owner of Truck No.KA-39/9070

R/o: Village Jajanmugli, Tq: B. Kalyan

4

Dist: Bidar - 585 106

2.

The Divisional Manager

Bajaja Allianz General Insurance Co. Ltd.

IV Floor, Kalaburagi Mansion

Opp: Municipal Corporation, Lamington Road

Hubli, through its Legal Manager-585101

…Respondents

(Sri C. S. Kalburgi, Advocate for R2;

V/o dated 24.07.2019, Notice to R1 is held sufficient)

This MFA is filed under Section 173 (1) of the M.V. Act, 1988

praying to allow this appeal and set aside the judgment and award

dated 10.01.2017 passed in MVC.No.809/2011 by the I Addl.

Senior Civil Judge and MACT at Kalaburagi and award the

compensation of Rs.20,00,000/- with 12% interest and etc.,

These appeals coming on for Hearing, this day, Sreenivas

Harish Kumar J., delivered the following:

COMMON JUDGMENT

These three appeals are disposed of by common

judgment, as the Tribunal at Kalaburagi has decided three

claim petitions together by common judgment.

2.

On 25.03.2009, three boys namely, Sunil, Suresh

and