United India Insurance Co., Ltd., vs Shivanagouda Virupaxagouda Patil, on 17 September, 2019

Sl.     MFA NO.           MVC                TRIBUNAL
No.                     NO./DATE

1.    24481/2012    202/2011/       Senior Civil Judge & AMACT,
                    25.07.12        Haveri
2.    24479/2012    1247/2011       District Judge & MACT (Fast
                    /9.7.2012       Track), Haveri





3.    24483/2012   204/2011/        Senior Civil Judge & AMACT,
                   25.07.12         Haveri
4.    24484/2012   206/2011         Senior Civil Judge & AMACT,
                   /25.07.12        Haveri
5.    21955/2013   74/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
6.    21957/2013   47/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
7.    24477/2012   146/2011         District Judge & MACT (Fast
                   /9.7.2012        Track), Haveri
8.    21952/2013   71/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
9.    22178/2013   150/2012         Senior Civil Judge & AMACT,
                   /20.03.13        Haveri
10.   21951/2013   70/2012          Addl. Senior Civil Judge &
                   /10.10.12        AMACT, Haveri
11.   21956/2013   75/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
12.   23931/2012   263/2011         Addl. Senior Civil Judge &
                   /3.5.2012        AMACT, Haveri
13.   24279/2012   527/2011         III Addl. Senior Civil Judge &
                   /9.5.2012        AMACT, Dharwad
14.   21954/2013   73/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
15.   23932/2012   264/2011         Addl. Senior Civil Judge &
                   /3.5.2012        AMACT, Haveri
16.   24480/2012   1248/2011        District Judge & MACT (Fast
                   /9.7.2012        Track), Haveri
17.   24482/2012   203/2011/        Senior Civil Judge & AMACT,
                   25.07.12         Haveri
18.   24476/2012   145/2011         District Judge & MACT (Fast
                   /9.7.2012        Track), Haveri
19.   24478/2012   1246/2011        District Judge & MACT (Fast
                   /9.7.2012        Track), Haveri





20.   21953/2013   72/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
21.   22179/2013   151/2012         Senior Civil Judge & AMACT,
                   /20.03.13        Haveri
22.   21612/2013   70/2012          Addl. Senior Civil Judge &
                   /10.10.12        AMACT, Haveri
23.   21613/2013   71/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
24.   21614/2013   74/2012          Prl. Senior Civil Judge &
                   /09.10.12        AMACT, Haveri
25.   23403/2012   264/2011         Addl. Senior Civil Judge &
                   /3.5.2012        AMACT, Haveri
26.   23404/2012   263/2011         Addl. Senior Civil Judge &
                   /3.5.2012        AMACT, Haveri
27.   22334/2013   202/2011/        Senior Civil Judge & AMACT,
                   25.07.12         Haveri
28.   22335/2013   203/2011         Senior Civil Judge & AMACT,
                   /25.07.12        Haveri
29.   22336/2013   204/2011         Senior Civil Judge & AMACT,
                   /25.07.12        Haveri
30.   22337/2013   206/2011         Senior Civil Judge & AMACT,
                   /25.07.12        Haveri
31.   23151/2012   527/2011         III Addl. Senior Civil Judge &
                   /9.5.2012        AMACT, Dharwad

2. Heard the arguments of the learned counsel for the appellants and the respondents in all these appeals. Since all these appeals are arising out of the same accident, they were taken up together for disposal by this common judgment.

3. The ranks of the parties before the Tribunals are retained for brevity.

4. The brief facts of the case in all these cases are that, on 30.06.2011 at about 4.00 pm, when the claimants and deceased were boarded the vehicle bearing registration No.KA-27/4329 belonging to respondent- Suresh, S/o.Laxmanarao Vadoni at Karjagi village, the driver of the vehicle drove the vehicle in a rash and negligent manner and when the vehicle came near the land of one Puttannavar on Karjagi-Haveri road, the driver of the said vehicle lost control over the vehicle and dashed to the road side tree, due to which, some of the passengers sustained injuries and some of them died. The injured claimants pleaded that due to the injuries they have lost the earning capacity, whereas the legal heirs of the deceased passengers claim that they have lost earning member of the family and they are dependent on the deceased persons. Hence they claimed compensation under various heads.

Based upon the rival pleadings, the Tribunals framed the following issues in the respective MVCs:

COMMON ISSUES IN MVC Nos.202, 203, 204 & 206 of 2011

1. Whether the petitioners prove that, there was a road accident on 30.06.2011 at about 4.00 p.m., on Karjagi-Haveri road near the land of Puttannanavar, by the driver of Maxi cab bearing registration No.KA-27/4329?

2. Whether the petitioners further prove that, the said road accident was occurred solely due to the rash and negligent act of driver of Maxi cab bearing registration No.KA-27/4329?

6. What order or award?

1. Whether the petitioners prove that Laxman Hombaradi died in a road traffic accident, occurred on 30.06.2011 at about 19.00 hours on Haveri-Karjagi road, near land of Puttannanavar, due to rash and negligent driving of Maxi Cab bearing registration No.KA-27/4329 by its driver?

2. Whether the petitioners are entitled for compensation? If so, for how much amount and from whom?

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