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NC: 2024:KHC-D:2206
MFA No. 100024 of 2014
C/W MFA No. 100032 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
MISCELLANEOUS FIRST APPEAL NO.100024 OF 2014 (MV)
C/W
MISCELLANEOUS FIRST APPEAL NO.100032 OF 2014
IN M. F. A. NO.100024 OF 2014 (MV)
BETWEEN:
HUCHAPPA APPOJAPPA NAYAKAR
AGE: 40 YEARS, OCC: AGRICULTURE AND
OWNER OF THE VEHICLE BEARING NO.
KA.29/R.4803,
R/O. BADARADINNI, TQ: BILAGI,
DIST: BAGALKOT.
…APPELLANT
(BY SRI. PRAKASH N.HOSAMANE, ADVOCATE)
AND:
HOLABASAPPA YAMANAPPA GODUAR
AGE: 37 YEARS, OCC: HOTEL BUSINESS,
Digitally
signed by
R/O: BADARADINNI, TQ: BILAGI,
SAMREEN
SAMREEN AYUB
DIST: BAGALKOT.
AYUB DESHNUR
DESHNUR Date:
2024.02.15
15:30:21
…RESPONDENT
+0530
(BY SRI. B.C. JNANAYYASWAMI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD
DTD:25.09.2013, PASSED IN MVC.NO.193/2012 ON THE FILE OF THE
MEMBER MACT-II, BAGALKOT, AWARDING THE COMPENSATION OF
RS.31,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE
DATE OF PETITION TILL THE DATE OF REALISATION.
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NC: 2024:KHC-D:2206
MFA No. 100024 of 2014
C/W MFA No. 100032 of 2014
IN M. F. A. NO.100032 OF 2014
BETWEEN:
HOLABASAPPA YAMANAPPA GODUAR,
AGE: 37 YEARS, OCC: HOTEL BUSINESS,
R/O: BADARADINNI, TQ: BILAGI,
DIST: BAGALKOT.
…APPELLANT
(BY SRI. B.C. JNANAYYASWAMI, ADVOCATE)
AND:
HUCHAPPA APPOJAPPA NAYAKAR,
AGE: 40 YEARS, OCC: AGRICULTURE AND
OWNER OF THE VEHICLE BEARING NO.
KA.29/R.4803,
R/O. BADARADINNI, TQ: BILAGI,
DIST: BAGALKOT.
…RESPONDENT
(BY SRI. PRAKASH N.HOSAMANE, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 173(1) OF MV ACT, AGAINST JUDGMENT AND AWARD
DTD:25.09.2013, PASSED IN MVC.NO.193/2012 ON THE FILE OF THE
MEMBER MACT-II, BAGALKOT, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:2206
MFA No. 100024 of 2014
C/W MFA No. 100032 of 2014
JUDGMENT
Though the matters are listed for admission, by consent
of parties, these matters are taken up for final disposal.
2. Heard learned counsel Shri. Prakash N. Hosamane
and Shri. B. C. Jnayyaswami.
3. These two appeals arise out of the judgment and
award passed in MVC No.193/2012 on the file of Member
MACT-II, Bagalkote dated 25.09.2013.
4. Holabasappa Yamanappa Goudar, suffered an
accidental injury in a road traffic accident involving motor cycle
bearing registration No.KA-30/H-2903 and another motor cycle
bearing registration No.KA-29/R-4803.
5. It is pertinent to note that both the motor cycles
were not insured.
6. Police after further investigation filed the charge
sheet against the rider of the motor cycle bearing registration
No.KA-29/R-4803.
7. On contest claim petition came to be allowed in part
by awarding compensation in a sum of Rs.31,000/-.
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NC: 2024:KHC-D:2206
MFA No. 100024 of 2014
C/W MFA No. 100032 of 2014
8. Being aggrieved by the same, the owner of the
motor cycle bearing registration No.KA-29/R-4803 is in appeal
so also the claimant.
9. Having heard the parties in detail, this Court is of
the considered opinion that the owner has to pay the
compensation even though two motor cycles were involved in
the accident and both the motor cycles were not insured having
regard to the fact that the charge sheet came to be filed
against the rider of the motor cycle bearing registration No.KA-
29/R-4803.
10. Further, the amount of compensation awarded in a
sum of Rs.31,000/- is on the lower side. If it is enhanced to a
sum of Rs.46,000/-, ends of justice would be met, taking note
of the fact that the Tribunal has not awarded compensation on
the head of loss of income during laid up period, loss of
amenities, attendant and nourishment charges.
11. Accordingly, the following order is passed:
ORDER
(i) Appeal filed by the owner of the motor
cycle bearing registration No.KA-29/R-4803 in MFA
No.100024/2014 is hereby dismissed.
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NC: 2024:KHC-D:2206
MFA No. 100024 of 2014
C/W MFA No. 100032 of 2014
(ii) Appeal filed by the claimant in MFA
No.100032/2014 is allowed in part.
(iii) As against the sum of Rs.31,000/-
awarded by the Tribunal, the claimant would be
entitled to a sum of Rs.46,000/- with interest at the
rate of 6% per annum from the date of petition till
payment.
(iv) Additional sum of Rs.15,000/- does not
carry any interest as the amount of Rs.31,000/-
with interest is satisfied with the appellant in MFA
No.100024/2014.
(v) Statutory amount in deposit in MFA
No.100024/2014 is ordered to be withdrawn by the
appellant/claimant in MFA No.100032/2014.
(vi) Ordered accordingly.
Sd/-
JUDGE
SMM
List No.: 1 Sl No.: 33