Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 1]

Karnataka High Court

The Oriental Insurance Co. Ltd., vs Kum. Geeta D/O Vithal Kutre, on 7 January, 2015

Author: A.N.Venugopala Gowda

Bench: A.N.Venugopala Gowda

                         :1:


        IN THE HIGH COURT OF KARNATAKA
                  DHARWAD BENCH

  DATED THIS THE 07 T H DAY OF JANUARY 2015

                       BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

               M.F.A. No.20825/2011
                         C/W
       M.F.A.Nos. 20826/2011, 20827/2011,
    20828/2011, 20829/2011, 20830/2011,
           20831/2011, 20832/2011 AND
                  20833/2011[MV]


 IN MFA NO 20825 OF 2011

 BETWEEN

       THE ORIENTAL INSURANCE CO. LTD.,
       1/24, SHAH BUILDING, ASHOK NAGAR,
       NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
       DIVISIONAL OFFICE, 5TH FLOOR,
       SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
       BELGAUM. NOW REP. BY ITS REGIONAL
       MANAGER, (ASST. MANAGER)
       REGIONAL OFFICE, SUMANGALA
       COMPLEX, II FLOOR, LAMINGTON,
       HUBLI-580020.

                                        ... APPELLANT
 (BY SRI. P H PAWAR, ADV. -ABSENT-)


 AND
                         :2:


1.   KUM. GEETA D/O VITHAL KUTRE,
     AGE: 16 YEARS, MINOR, REP. BY
     NATURAL FATHER
     VITHAL KUTRE, R/O JAGAMATTI,
     TQ. CHANDGAD, DIST. KOLHAPUR,
     (MAHARASHTRA).

2.   SHRI. SHANTINATH PARIS MAHAJAN
     A/P MADILAGE, TQ. BHUDARGAD,
     DIST. KOLHAPUR, (MAHARASHTRA).

3.   SHRI. GAJANAN RANABA PAWAR,
     A/P UCHAGAON, TQ. & DIST. BELGAUM.

4.   THE NEW INDIA ASSURANCE CO. LTD.,
     BY ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, CLUB ROAD,
     BELGAUM.

                                     ... RESPONDENTS
(R1, R2 & R4 ARE SERVED.)

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2170/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.31,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20826 OF 2011

BETWEEN

     THE ORIENTAL INSURANCE CO. LTD.,
     1/24, SHAH BUILDING, ASHOK NAGAR,
     NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, 5TH FLOOR,
     SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
     BELGAUM. NOW REP. BY ITS ASST. MANAGER,
     REGIONAL OFFICE, SUMANGALA
                          :3:


      COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.

                                          ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)

AND

1.    KUMAR. SACHIN S/O TANAJI PARSHI,
      AGE: 13 YEARS, MINOR,
      REP. BY GUARDIAN NATURAL FATHER
      TANAJI NARAYAN
      PARSHI, R/O KUDREMANI,
      TQ. & DIST. BELGAUM.

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, (MAHARASHTRA).

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM

4.    THE NEW INDIA ASSURANCE CO. LTD.,
      BY ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, CLUB ROAD,
      BELGAUM.                  ... RESPONDENTS

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2171/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.2,500/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20827 OF 2011

BETWEEN

      THE ORIENTAL INSURANCE CO. LTD.,
      1/24, SHAH BUILDING, ASHOK NAGAR,
                          :4:


      NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, 5TH FLOOR,
      SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
      BELGAUM. NOW REP. BY ITS REGIONAL
      MANAGER, (ASST. MANAGER)
      REGIONAL OFFICE, SUMANGALA
      COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.

                                          ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)

AND

1.    SHRI. AVADHUT S/O CHALOBA SHAMBUCHE,
      AGE: 23 YEARS, OCC: AGRICULTURE,
      R/O KUDREMANI, TQ. & DIST. BELGAUM.

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, (MAHARASHTRA).

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM.

4.    THE NEW INDIA ASSURANCE CO. LTD.,
      BY ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, CLUB ROAD,
      BELGAUM.

                                     ... RESPONDENTS

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2172/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.63,880/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.
                          :5:


IN MFA NO 20828 OF 2011

BETWEEN

      THE ORIENTAL INSURANCE CO. LTD.,
      1/24, SHAH BUILDING, ASHOK NAGAR,
      NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, 5TH FLOOR,
      SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
      BELGAUM. NOW REP. BY ITS REGIONAL
      MANAGER, (ASST. MANAGER)
      REGIONAL OFFICE, SUMANGALA
      COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.

                                           ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)


AND

1.    SHRI. RAVALU S/O LAXMAN GAWADE,
      AGE: 31 YEARS, OCC: AGRICULTURE,
      R/O KALLEWADI, TQ. & DIST. BELGAUM

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, MAHARASHTRA.

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM

4.    THE NEW INDIA ASSURANCE CO. LTD.,
      BY ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, CLUB ROAD,
      BELGAUM.

                                     ... RESPONDENTS
(R2 & R4-SERVED.)
                          :6:


     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2174/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.12,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20829 OF 2011

BETWEEN

      THE ORIENTAL INSURANCE CO. LTD.,
      1/24, SHAH BUILDING, ASHOK NAGAR,
      NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, 5TH FLOOR,
      SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
      BELGAUM. NOW REP. BY ITS REGIONAL
      MANAGER, (ASST. MANAGER)
      REGIONAL OFFICE, SUMANGALA
      COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.

                                           ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)


AND

1.    SHRI. SURESH S/O APPAJI DESAI,
      AGE: 28 YEARS, OCC: AGRICULTURE,
      R/O KALLEWADI, TQ. & DIST. BELGAUM

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, MAHARASHTRA.

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM
                          :7:


4.    THE NEW INDIA ASSURANCE CO. LTD.,
      BY ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, CLUB ROAD,
      BELGAUM.

                                     ... RESPONDENTS
(R2 & R4 ARE SERVED.)

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2175/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.6,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20830 OF 2011

BETWEEN

      THE ORIENTAL INSURANCE CO. LTD.,
      1/24, SHAH BUILDING, ASHOK NAGAR,
      NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, 5TH FLOOR,
      SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
      BELGAUM. NOW REP. BY ITS REGIONAL
      MANAGER, (ASST. MANAGER)
      REGIONAL OFFICE, SUMANGALA
      COMPLEX, II FLOOR, LAMINGTON,
       HUBLI-580020.

                                          ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)


AND

1.    SHRI. SHANKAR S/O PANDURANG KALAGI,
      AE: 28 YEARS, OCC: AGRICULTURE,
      R/O KUDREMANI, TQ. & DIST. BELGAUM
                         :8:


2.   SHRI. SHANTINATH PARIS MAHAJAN
     A/P MADILAGE, TQ. BHUDARGAD,
     DIST. KOLHAPUR, MAHARASHTRA.

3.   SHRI. GAJANAN RANABA PAWAR,
     A/O UCHAGAON, TQ. & DIST. BELGAUM

4.   THE NEW INDIA ASSURANCE CO. LTD.,
     BY ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, CLUB ROAD,
     BELGAUM.

                                     ... RESPONDENTS
(R2 & R4 ARE SERVED.)

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2176/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.28,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20831 OF 2011

BETWEEN

     THE ORIENTAL INSURANCE CO. LTD.,
     1/24, SHAH BUILDING, ASHOK NAGAR,
     NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, 5TH FLOOR,
     SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
     BELGAUM. NOW REP. BY ITS REGIONAL
     MANAGER, (ASST. MANAGER)
     REGIONAL OFFICE, SUMANGALA
     COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.

                                         ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)
                         :9:


AND

1.    SHRI. CHANGADEO S/O VISHNU HINDALGEKAR,
      AGE: 28 YEARS, OCC: AGRICULTURE,
      R/O HINDALGA, TQ & DIST. BELGAUM.

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, MAHARASHTRA.

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM

4.  THE NEW INDIA ASSURANCE CO. LTD.,
    BY ITS DIVISIONAL MANAGER,
    DIVISIONAL OFFICE, CLUB ROAD,
    BELGAUM .
                                     ... RESPONDENTS
     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2178/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.2,500/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

IN MFA NO 20832 OF 2011

BETWEEN

     THE ORIENTAL INSURANCE CO. LTD.,
     1/24, SHAH BUILDING, ASHOK NAGAR,
     NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
     DIVISIONAL OFFICE, 5TH FLOOR,
     SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
     BELGAUM. NOW REP. BY ITS REGIONAL
     MANAGER, (ASST. MANAGER)
     REGIONAL OFFICE, SUMANGALA
     COMPLEX, II FLOOR, LAMINGTON,
     HUBLI-580020.              ... APPELLANT
(BY SRI. P H PAWAR, ADV. -ABSENT-)
                         : 10 :




AND

1.    SHRI. BALU S/O DATTU KADAM
      AGE: 23 YEARS, OCC: AGRICULTURE,
      R/O KALLAWADI, TQ. & DIST. BELGAUM

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, MAHARASHTRA.

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM

4.  THE NEW INDIA ASSURANCE CO. LTD.,
    BY ITS DIVISIONAL MANAGER,
    DIVISIONAL OFFICE, CLUB ROAD,
    BELGAUM.
                                  ... RESPONDENTS
(R4-SERVED.)


     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2182/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.40,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.


IN MFA NO 20833 OF 2011

BETWEEN

      THE ORIENTAL INSURANCE CO. LTD.,
      1/24, SHAH BUILDING, ASHOK NAGAR,
      NIPPANI, THROUGH ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, 5TH FLOOR,
      SHANBHAG CHAMBERS, KIRLOSKAR ROAD,
      BELGAUM.
                          : 11 :


      NOW REP. BY ITS ASST. MANAGER,
      REGIONAL OFFICE, SUMANGALA
      COMPLEX, II FLOOR, LAMINGTON,
      HUBLI-580020.             ...         APPELLANT

(BY SRI. P H PAWAR, ADV. -ABSENT-)

AND

1.    KUM. SHAMAL D/O GOPAL DURUGADE,
      AGE: 15 YEARS, SINCE MINOR, REP. BY
      GUARDIAN/NATURAL FATHER
       GOPAL SUBRAO DURUGADE,
      R/O KUDREMANI, TQ. & DIST. BELGAUM

2.    SHRI. SHANTINATH PARIS MAHAJAN
      A/P MADILAGE, TQ. BHUDARGAD,
      DIST. KOLHAPUR, (MAHARASHTRA).

3.    SHRI. GAJANAN RANABA PAWAR,
      A/O UCHAGAON, TQ. & DIST. BELGAUM

4.    THE NEW INDIA ASSURANCE CO. LTD.,
      BY ITS DIVISIONAL MANAGER,
      DIVISIONAL OFFICE, CLUB ROAD,
      BELGAUM .                 ... RESPONDENTS

     THIS MFA IS FILED U/SEC. 173(1) MV ACT, AGAINST
THE JUDGMENT AND AWARD DTD:17-09-2010 PASSED IN
MVC NO.2183/2007 ON THE FILE OF THE PRESIDING
OFFICER, FAST TRACK COURT-II AND MEMBER, ADDL.
MACT, BELGAUM, AWARDING THE COMPENSATION OF
RS.73,000/- WITH INTEREST AT THE RATE OF 6% P.A.,
FROM THE DATE OF PETITION TILL ITS REALISATION.

     THESE APPEALS COMING ON FOR ORDERS,
THIS   DAY,   THE  COURT   DELIVERED THE
FOLLOWING: -
                          : 12 :


                    JUDGMENT

No appearance for the appellant.

Steps have not been taken.

Hence, appeals stand dismissed for non-

prosecution.

SD/-

JUDGE SUB* Ct:byg/-