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HIGH COURT OF KARNATAKA
M.G.S.KAMAL
THE BRANCH MANAGER – Appellant
Versus
MAIMUM W/O BASHASAB MAKASHI AND ORS – Respondent
MFA/201921/2016
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF NOVEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE M.G.S.KAMAL
MFA No.201972/2016 (MV)
C/w
MFA.No.201920/2016, MFA No.201921/2016,
MFA No.201922/2016, MFA No.201923/2016,
MFA No.201973/2016, MFA No.201974/2016,
MFA No.201975/2016, MFA No.201976/2016.
IN MFA.NO.201972/2016
BETWEEN:
1.
DAVALSAB S/O HUSENSAB KOUJALAGI,
AGED: 52 YEARS, OCC: NIL,
2.
MAHEBOOBBI W/O DAVALSAB KOUJALAGI,
AGE: 48 YEARS, OCC: HOUSEHOLD,
3.
SHAGUFTA W/O SADDAM KOUJALAGI,
AGE: 22 YEARS, OCC: HOUSEHOLD,
ALL ARE R/O NEAR JUMMA MASJID,
VIJAYAPUR-586101.
... APPELLANTS
(BY SRI. SANGANAGOUDA V.BIRADAR, ADVOCATE)
AND:
1.
BUDDESAB S/O MIRASAB DEVALAPUR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O 109, SAMBHAJI NAGAR, VADAGAON,
BELAGAVI-500091.
2
2.
THE BRANCH MANAGER,
MAGMA HDI GENERAL INSURANCE CO. LTD,
NO.202, 2ND FLOOR, MANDHANA TOWERS
AMEER PETH, HYDERABAD-500002.
3.
SIDDAPPA S/O RAMAPPA CHIGADANI,
AGE: 42 YEARS, OCC: BUSINESS,
R/O GALAGALI TQ. BILAGI,
DIST. BAGALKOT-587101.
4.
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.
1ST FLOOR, BIDARI COMPLEX,
S.S.FRONT ROAD, VIJAYAPUR-586101.
... RESPONDENTS
(BY SRI.G.G.CHAGASHETTY, ADVOCATE FOR R1;
BY SRI.C.S.KALBURGI, ADVOCATE FOR R2;
R3-SERVED;
BY SMT. PREETI PATIL MELKUNDI, ADVOCATE FOR R4)
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT,
PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE
IMPUGNED JUDGMENT AND AWARD DATED 03.09.2016
PASSED BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND
MACT-V VIJAYAPURA, IN MVC NO.1150/2014 AND PASS
REASONABLE AWARD, ALTERNATIVELY THE HON'BLE
COURT MAY KINDLY BE PLEASED TO REMAND THE
MATTER TO THE LEARNED TRIBUNAL FOR A FRESH TRIAL
PROVIDING
OPPORTUNITY
TO
LEAD
THE
FURTHER
EVIDENCE OF APPELLANT, IN THE INTEREST OF JUSTICE
AND EQUITY.
3
IN MFA.NO.201920/2016
BETWEEN:
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
IST FLOOR, BIDARI COMPLEX,
S.S.FRONT ROAD, VIJAYPUR
(NOW REPRESENTED BY AUTHORIZED SIGNATORY)
... APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1.
IMAMBEG S/O ABDULBEG JAMADAR,
AGE: 52 YEARS, OCC: NIL,
2.
KHANBI W/O IMAMBEG JAMADAR,
AGE: 42 YEARS, OCC: H.H.WORK,
BOTH R/O: NEAR JUMMA MASJID,
DIST: VIJAYAPURA-586101.
3.
BUDDESAB S/O MIRASAB DEVALAPUR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: 109, SAMBHAJI NAGAR,
VADAGAON, BELAGAVI-590001.
4.
THE BRANCH MANAGER,
MAGMA HDI GENERAL INSURANCE COMPANY LTD.,
NO.202, 2ND FLOOR, MANDHANA TOWERS,
AMEER PETH, HYDERABAD-500016.
5.
SIDDAPPA S/O RAMAPPA CHIGADANI,
AGE: 42 YEARS, OCC: BUSINESS,
R/O: GALAGALI, TQ: BILAGI,
DIST: BAGALKOT-587101.
... RESPONDENTS
(BY SRI.SANGANAGOUDA V.BIRADAR, ADV. FOR R1 & R2;
BY SRI. G.G.CHAGASHETTY, ADVOCATE FOR R3;
BY SRI. C.S.KALBURGI, ADVOCATE FOR R4;
BY SRI. UMESH V.MAMADAPUR, ADVOCATE FOR R5)
4
THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 173 (1) OF THE MOTOR VEHICLES ACT,
PRAYING TO CALL FOR THE RECORDS AND ALLOW THE
ABOVE BY SETTING ASIDE THE IMPUGNED COMMON
JUDGMENT AND AWARD IN MVC NO.1151/2014 DATED
03.09.2016 IN THE COURT OF THE PRINCIPAL SENIOR
CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL
NO.V, VIJAYPUR, IN THE INTEREST OF JUSTICE AND
EQUITY.
IN MFA.NO.201921/2016
BETWEEN:
THE BRANCH MANAGER,
ORIENTAL INSURANCE CO. LTD.,
IST FLOOR, BIDARI COMPLEX,
S.S.FRONT ROAD, VIJAYPUR
(NOW REPRESENTED BY AUTHORIZED SIGNATORY)
... APPELLANT
(BY SMT. PREETI PATIL MELKUNDI, ADVOCATE)
AND:
1.
MAIMUM W/O BASHASAB MAKASHI,
AGE: 47 YEARS, OCC: H.H.WORK,
2.
SHABANA D/O BASHASAB MAKASHI,
AGE: 24 YEARS, OCC: H.H.WORK,
BOTH R/O NEAR JUMMA MASJID,
DIST: VIJAYPUR-586101.
5
3.
BUDDESAB S/O MIRASAB DEVALAPUR,
AGE: 42 YEARS, OCC: BUSINESS,
R/O 109, SAMBHAJI NAGAR,
VADAGAON, BELAGAVI-590001.
4.
THE BRANCH MANAGER,
MAGMA HDI GENERAL INSURANCE COMPANY LTD.,
NO.202, 2ND FLOOR, MANDHANA
