Karnataka High Court
M/S. United India Insurance Company ... vs Puttamma on 3 September, 2024
-1-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
MFA NO. 5456/2017 C/W
MFA NOS. 5457/2017, 5458/2017, 5459/2017,
5460/2017, 5461/2017, 5462/2017, 5463/2017,
5464/2017, 5465/2017, 5466/2017, 5467/2017,
5468/2017, 5469/2017, 5470/2017, 5471/2017,
5472/2017, 5474/2017, 5475/2017, 5476/2017,
5477/2017, 5478/2017, 5479/2017, 5480/2017,
5481/2017, 5482/2017 (MV-I)
IN MFA No. 5456/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH, ADV.)
AND:
Digitally signed by
PRAJWAL A 1. SMT SHARADAMMA
Location: HIGH COURT W/O CHOWDAPPA
OF KARNATAKA
AGED ABOUT 58 YEARS
R/O KANCHUGARANAHALLI
HONNAVALLI HOBLI
TIPTUR TALUK-572201
TUMAKURU DISTRICT
2. T R RAVINDRA
S/O RAMAIAH AGED ABOUT 47 YEARS
R/O NO.1578 1ST CROSS
1ST MAIN VINAYAKA NAGAR,
NEAR T.G.M.C. BANK TUMKUR-572 101 ...RESPONDENTS
-2-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
(BY SRI.NAGENDRA SHETTY, ADV. FOR R1;
SRI.SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.96/2014 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND XIV MACT, AT TIPTUR, AWARDING COMPENSATION
OF RS.32,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM
THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5457/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH, ADV.)
AND:
1. SRI. CHIDANANDA
S/O LATE SHAMBULINGAPPA
AGED ABOUT 38 YEARS
R/O NAGATHIHALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 201
TUMAKURU DISTRICT
2. T R RAVINDRA
S/O RAMAIAH, AGED ABOUT 45 YEARS
R/O NO.1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C.
BANK TUMKUR-572101 ...RESPONDENTS
(BY SRI.SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED BUT REPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
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NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
PASSED IN MVC NO.96/2014 ON THE FILE OF THE SENIOR CIVIL
JUDGE AND XIV MACT, AT TIPTUR, AWARDING COMPENSATION
OF RS.32,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM
THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5458/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. KUM. GAGANA
D/O RAJASHEKHARA
AGED ABOUT 7 YEARS MINOR
REP. BY HER NATURAL GUARDIAN
FATHER RAJASHEKHARA, R/O HOSAPETE
HONNAVALLI HOBLI, NOW R/AT
CHIKKAHONNAVALLI VILLAGE
HONNAVALI HOBLI, TIPTUR
TALUK-572201, TUMAKURU DIST-572 201
2. T R RAVINDRA
S/O RAMAIAH AGED ABOUT 45 YEARS
R/O NO.1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADV.
FOR R1; SRI.SANDEEP LAHIRI, ADV. FOR
SMT. SOWMYA ANANTH, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.101/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
-4-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
IN MFA NO.5459/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SMT. GOWRAMMA
W/O BASAVARAJU
AGED ABOUT 38 YEARS
R/O GHATAKINAKERE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 201
TUMAKURU DISTRICT
2. T R RAVINDRA
S/O RAMAIAH, AGED ABOUT 45 YEARS
R/O NO.1578 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C.BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI.SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.102/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.29,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5460/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
-5-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SMT. LATHA
W/O. RAJASHEKARAIAH
AGED ABOUT 27 YEARS
R/O. HOSAPATNA VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADV.
FOR R1; SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.103/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.15,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5461/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
-6-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
AND:
1. SMT. KAMALA
W/O. LINGADEVARU
AGED ABOUT 48 YEARS
R/O. HOSAPATNA VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK-572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.104/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.10,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5462/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SRI.KENCHAPPA
S/O KARIYAPPA
AGED ABOUT 63 YEARS
-7-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
R/O GHATAKINAKERE VILLAGE
MT. KAMALA
HONNAVALLI HOBLI
TIPTUR TALUK-572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED BUT UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.107/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.6,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5463/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SRI.M.R.SURESH
S/O RAMANNA
AGED ABOUT 41 YEARS
R/O MADALU, ARASIKERE TALUK
NOW R/AT GHATAKINAKERE VILLAGE
HONNAVALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
-8-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
TUMAKURU DIST.
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.110/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.20,250/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5464/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. PANCHAKSHARI @ PANCHANNA
S/O CHIKKANNA
AGED ABOUT 48 YEARS
R/O KAMASANDRA
NOW R/AT GHATAKINAKERE VILLAGE
HONNAVALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DIST.
-9-
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.117/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.19,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5465/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. RAJESHWARI
W/O AMBARISH
AGED ABOUT 31 YEARS
R/O HOSAPATNA VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DIST.
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 47 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
- 10 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED ABD UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.119/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.10,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5466/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SMT.MAHADEVAMMA
W/O GOVINDAPPA
AGED ABOUT 51 YEARS
R/O CHIKKANAHALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DIST.
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 47 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED ABD UNREPRESENTED)
- 11 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.121/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.12,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5467/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. KUM.HARSHITHA
D/O AMBAREESH
AGED ABOUT 6 YEARS, MINOR
REP. BY HER NATURAL GUARDIAN
FATHER SRI.AMBAREESH
R/O CHIKKOHONAVALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DIST.
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 48 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED ABD UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.123/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
- 12 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
COMPENSATION OF RS.8,200/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5468/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SMT.CHIKKAMMA
W/O KENCHAPPA
AGED ABOUT 58 YEARS
R/O GHATAKINAKERE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DIST.
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.124/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.6,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5469/2017
BETWEEN:
- 13 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. VASUDEVA
S/O LATE GOVINDAPPA
AGED ABOUT 40 YEARS
R/O BIDAREGUDI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.125/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.15,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO. 5470/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
- 14 -
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MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. PUTTAMMA
W/O NANJUNDAPPA
AGED ABOUT 43 YEARS
R/O HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
NOW R/AT MATHIHALII VILLAGE
SIRAGATE, TUMAKURU - 572 101
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADV.
FOR R1; SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.127/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5471/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
- 15 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
1. KUM.SANDHYARANI
D/O NAGARAJU, AGED ABOUT 13 YEARS
MINOR, REP. BY HER NATURAL GUARDIAN
FATHER NAGARAJU, R/O SIRAGATE, TUMAKURU
NOW R/AT MATIHALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADV.
FOR R1; SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.129/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5472/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SRI. MAHENDRA
S/O RAMAIAH
AGED ABOUT 41 YEARS
R/O HIREBEDARE VILLAGE
- 16 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.131/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5474/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. MAMATHA
W/O KIRANKUMAR
AGED ABOUT 33 YEARS
R/O HOSPATNA VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
- 17 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.135/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5475/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. JEEVAN
S/O KIRANAKUMAR
AGED ABOUT 4.5 YEARS, MINOR
REP. BY HIS NATURAL GUARDIAN
MOTHER MAMATHA, R/O
CHIKKAHONNAVALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 48 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
- 18 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.137/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.5,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5476/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SRI.DASAPPA SHETTY
S/O CHIKKANNA SHETTY
AGED ABOUT 64 YEARS
R/O THAMMADIHALLI VILLAGE
PERIYAPATNA TALUK
MYSORE DISTRICT
NOW R/AT GHATAKINAKERE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
- 19 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.139/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.11,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5477/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. RENUKASHETTY
W/O RAJASHETTY
AGED ABOUT 44 YEARS
R/O HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 48 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
- 20 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
PASSED IN MVC NO.141/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.21,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5478/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SRI.SWAMY
S/O CHANNARAJASHETTY
AGED ABOUT 48 YEARS
R/O KAMBARAHALLY
PERIYAPATNA TALUK
NOW R/AT GHATAKINAKERE VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.142/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.6,000/- WITH INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
- 21 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
IN MFA NO.5479/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. DEVARAJU
S/O RUDRAPPA
AGED ABOUT 34 YEARS
R/O SOPPINAHALLI
ARASIKERE TALUK
NOW R/AT HONNAVALLI VILLAGE
HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.143/2014 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.14,670/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5480/2017
- 22 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. SMT.SHAMSHAD BANU
W/O LATE APSAR
AGED ABOUT 49 YEARS
R/O DODDAMATIKURKE
KANAKATTE HOBLI
ARASIKERE TALUK - 573 103
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.402/2013 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.12,174/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5481/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
- 23 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
1. H.K.JAGADISH
S/O KENCHASHETTY
AGED ABOUT 40 YEARS
R/O HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
VIDE ORDER DATED 31.08.2024
NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.1376/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.13,675/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
IN MFA NO.5482/2017
BETWEEN:
M/S UNITED INDIA INSURANCE COMPANY LIMITED
BRANCH OFFICE, RAGHAVENDRA COLONY, B. H. ROAD
TIPTUR-572 202, NOW REP. BY ITS REGIONAL OFFICE
6TH FLOOR, KRISHI BHAVAN, NRUPATHUNGA ROAD
BENGALURU-560 001, REP. BY ITS AUTHORIZED SIGNATORY
...APPELLANT
(BY SRI. A M VENKATESH., ADV.)
AND:
- 24 -
NC: 2024:KHC:36041
MFA No. 5456 of 2017
C/W MFA No. 5457 of 2017
MFA No. 5458 of 2017
AND 23 OTHERS
1. RAMCHANDRA
S/O RAJANNA @ CHIKKABYRANNA
AGED ABOUT 45 YEARS
R/O HONNAVALLI HOBLI
TIPTUR TALUK - 572 201
TUMAKURU DISTRICT
2. T. R. RAVINDRA
S/O. RAMAIAH, AGED ABOUT 45 YEARS
R/O. NO. 1578, 1ST CROSS, 1ST MAIN
VINAYAKA NAGAR, NEAR T.G.M.C. BANK
TUMKUR-572 101 ...RESPONDENTS
(BY SRI. SANDEEP LAHIRI, ADV. FOR
SMT.SOWMYA ANANTH, ADV. FOR R2;
R1 SERVED AND UNREPRESENTED)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED 22.02.2017
PASSED IN MVC NO.1378/2012 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND XIV MACT, AT TIPTUR, AWARDING
COMPENSATION OF RS.21,000/- WITH INTEREST AT THE RATE
OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.
THESE APPEALS, COMING ON FOR FURTHER HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
ORAL JUDGMENT
In these bunch of appeals, the Insurance Company has challenged the liability to pay the compensation as fastened by the Tribunal.
- 25 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS
2. For the sake of convenience, the rank of the parties shall be referred to as per their status before the Tribunal.
3. Undisputedly there was an accident on 02.03.2012 at 6.15 a.m., near Madhihalli village, in front of Janaka Agro Industries, NH-206 road, Tiptur taluk, involving a private bus bearing the name "Prakasha Bus" bearing Reg.No.KA-06/B-7369 carrying the passengers, while overtaking a lorry going ahead bus had dashed against the roadside tree. Due to which, the bus was toppled and petitioners being passengers in the said bus have sustained simple and grievous injuries. After taking treatment at various Hospitals, the petitioners have approached the Tribunal for grant of compensation. Claims were opposed by the Insurance Company on the ground that the bus was permitted to drive in a certain route, but at the time of accident, the bus was traveling in a deviated route. Thereby, the bus has committed breach of permit, it
- 26 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS amounts to violation of terms and conditions of the policy, the Insurance Company can avoid its liability. The Tribunal after taking the evidence and hearing the learned counsels appearing for the respective petitioners and the Insurance Company, by a common judgment allowed the claim petitions, assessed compensation and directed the Insurance Company to indemnify the insured. Questioning the same, the Insurance Company is before this Court.
4. Heard the arguments of Shri A.M.Venkatesh, learned counsel for the Insurance Company, Shri Sandeep Lahiri, learned counsel appearing on behalf of Smt.Sowmya Ananth, learned counsel for the owner of the Bus and Shri. Nagendra Shetty, learned counsel who representing some of the petitioners.
5. It is the strenuous submission on behalf of the Insurance Company that the bus was required to travel from Tiptur to Chitradurga and return in a prescribed route. The place of accident will not comes within the
- 27 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS said route prescribed in the permit. The bus was deviated from the permitted route, it was the cause for the accident, it is a fundamental breach and it can be avoided its liability. In support of his contention, he has relied on the judgment of Hon'ble Apex Court in (Amrit Paul Singh & Another v. TATA AIG General Insurance Company Ltd and others)1 5.1. Insofar as the quantum of compensation is concerned, there is no dispute. Learned counsel for the Insurance Company has placed reliance on the judgment of Gohar Mohammed v. U.P. State Road Transport Corporation2 to support his arguments.
6. Per contra, learned counsel for the owner of the vehicle has contended that it is not a case of no permit and principles of Gohar Mohammed's case (supra) is not applicable to the facts of this case. It is 1 (2018) 7 SCC 558 2 2022 ACJ 2771
- 28 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS his case that due to tree fall, the driver was forced to take a little deviation and it is not a case of no permit. Learned counsel has tried to emphasis that the bus was started its journey at the permitted point and it was reaching the permitted point, only little deviation because of natural calamities, beyond control it does not amount to a fundamental breach. The Insurance Company cannot be permitted to take such a defense which is not available as contemplated under Section 149 of the Motor Vehicles Act (for short, 'M.V.Act'). The Tribunal is justified in fastening the liability against the Insurance Company. To buttress his arguments, he has relied on the bunch of judgments rendered by Coordinate Bench and Division Bench of this Court.
7. Learned counsel for the petitioners has submitted that identical contentions have been taken by the Insurance Company as well as the owner of the vehicle before the Tribunal. The Tribunal, after appreciating the material on record and the principles
- 29 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS of liability has rightly directed the Insurance Company to indemnify the insured and he has supported the impugned judgment.
8. I have given my anxious consideration to the arguments addressed on behalf of the owner of the Bus petitioners and Insurance Company and perused the records.
9. The quantum of compensation assessed in respect of the petitioners is not in dispute. The only point that arises before this Court "whether the Insurance Company can avoid its liability to indemnify the insured?" The ground urged by the Insurance Company is that there is a fundamental breach of terms and conditions of the policy, and the Insurance Company having a right to avoid its liability.
10. The Hon'ble Apex Court in Gohar Mohammed's case referred (supra), when the accident took place the vehicle in question did not have
- 30 -
NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS a valid and effective permit to plie the said vehicle on the route. This means to say that at the time of accident, the vehicle in question was not holding valid permit at all.
11. The Division Bench of this Court in Syed Zaheer v. Smt.Puttamadamma and others in MFA.No.5745/2016 and C/w. MFA.No.4811/2016 decided on 07.12.2023 referring to the judgments of Hon'bel Apex Court in National Insurance Co. Ltd V. Challa Upendra Rao and Others3, Sandhya Rani Bebbarma and others v. National Insurance Company Limited and Another4, Pappu and Ors. v. Vinod Kumar Lamba and Anr5, National Insurance Co. Ltd V. Swaran Singh and others 6, applied the principle of pay and recovery. In the said case, the Division Bench was dealing with case of a no permit. It 3 (2004) 8 SCC 517 4 (2016) 16 SCC 206 5 AIR 2018 SC 592 6 (2004) 3 SCC 297
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NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS is thus clear in Gohar Mohammed and Syed Zaheer cases, (supra) the Hon'ble Apex Court and the Division Bench of this Court were dealing with no permit and not the deviation of permit.
12. Adverting to the arguments of learned counsel for the owner of the bus that the driver was forced to take a deviation due to fall of the tree on account of natural calamities has been rightly answered by Insurance Company by placing evidence of Assistant Executive Engineer of PWD and the Range Forest Officer of Chikkanayakanahalli who have been examined as RWs.5 and 6. Their testimony shows there was no tree fall on the said route. Even assuming for the sake of arguments, the Bus was deviated without any natural calamities, it is not a case of no permit, it is a case of deviation of permit.
13. As regarding deviation of permit, the learned counsel for the owner of the vehicle has relied on the
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NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS following judgments of the Division Bench of this Court in:
(i) MFA No. 30752/2011 dated 11.07.2018 (Smt. Sangeeta & Ors., v. Satish & Ors.);
(ii) MFA No. 102428/2017 dated 07.06.2019;
(United India Insurance Co. Ltd., v. Smt. Sandhya & Ors.);
(iii) MFA No. 201648/2015 dated 26.11.2020 (Abdul Rouf v. Meghraj & Ors.)
(iv) MFA No. 101103/2017 dated 01.02.2024 (The Divisional Manager, v. Smt. Pushpa), Coordinate Bench of this Court in:
(i) MFA No. 1201/2011 dated 07.11.2016 (Durgamma v. S.G. Naresh);
(ii) MFA No. 1183/2012 dated 19.06.2018 (S.N. Kenchanna & Ors., v. Smt. Anitha);
(iii) MFA No. 11339/2008 dated 21.09.2020 (Branch Manager v. D. Malappa & Ors.);
(iv) MFA No. 633/2021 dated 16.08.2022 (Manjappa N. & Ors., V. Gurumurthy B.K.);
(v) MFA No. 200599/2017 dated 25.06.2024 (The Divisional Manager v. Basappa & Ors.);
(vi) MFA No.201759/2019 dated 03.07.2024 (The Authorized Officer v. Shivkanta & Ors.,)
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NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS This Bench in:
(i) MFA No. 2708/2017 dated 30.10.2023 (The Manager v. Venkatesh);
(ii) MFA No. 4619/2015 dated 27.11.2023 (Shivakumar P., V. Sri. Jayarama & Ors.)
14. In MFA.No.2708/2017 as per order dated 30.10.2023 and MFA.No.4619/2015 as per order dated 27.11.2023, this Bench referring to case of no permit and deviation of permit relying on the judgment of the Division Bench of this Court in Smt.Sandhya (supra) in MFA.No.102428/2007 order dated 07.06.2019 and also Durgamma (supra) came to the conclusion that the violation of permit condition on account of the deviation of permit is not a fundamental breach within the meaning of Section 149(2) of the M.V.Act and directed the insurer to indemnify the insured.
15. These catena of judgments clearly point out and makes out distinction between 'no permit' and 'deviation of permit'. At the time of accident the bus
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NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS was holding valid permit to ply between Tiptur to Chitradurga, it was plying between Chitradurga and Tiptur only but only deviation of route in the middle. Hence, as laid down by this Bench, Coordinate Bench and also the Division Bench of this Court, for deviation of the valid permit, the Insurance Company cannot avoid its liability as it is not a fundamental breach within the meaning of Section 149(2) of the M.V.Act. It is not a case for application of principle of pay and recovery as the violation is not a fundamental breach. The Tribunal has rightly appreciated the evidence on record and directed the Insurance Company to indemnify the insured.
16. As to the factual matrix of the case, principles of Gohar Mohammed's is not applicable and principles in Amrit Paul Singh is also not applicable to apply principle of pay and recovery. All these appeals are devoid of merits, in the result, the following:
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NC: 2024:KHC:36041 MFA No. 5456 of 2017 C/W MFA No. 5457 of 2017 MFA No. 5458 of 2017 AND 23 OTHERS ORDER
(i) Appeals filed by the Insurance Company are dismissed;
(ii) The judgment and award in all the cases is confirmed;
(iii) Amount in deposit shall be transmitted to the Tribunal for disbursement;
(iv) The Insurance Company shall deposit the remaining compensation with interest within 8 weeks from the date of receipt of certified copy of this judgment.
Sd/-
(T.G. SHIVASHANKARE GOWDA) JUDGE MKM List No.: 1 Sl No.: 1