THE COMMISSIONER OF INCOME TAX (APPEALS) vs. SHREE JAI JINENDRA CREDIT

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S. KINAGI MISCELLANEOUS FIRST APPEAL NO. 100113 OF 2018 (MV-) C/W MISCELLANEOUS FIRST APPEAL NO. 101224 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101225 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101534 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 101600 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102650 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102651 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102652 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102653 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102654 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102655 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102656 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 102657 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 103472 OF 2016 MISCELLANEOUS FIRST APPEAL NO. 100109 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100110 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100111 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100112 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100113 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100114 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100115 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100116 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100117 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100118 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 100392 OF 2017 MISCELLANEOUS FIRST APPEAL NO. 101337 OF 2017

IN MFA NO.100113 OF 2018 BETWEEN:

HARIF @ MD. HARIFF S/O. HAROON BASHEER @ HAROON RASHEED, AGE: 32 YEARS, OCC: DRIVER, R/O. HOUSE NO.7, W.NO.25, DEVI NAGAR, NEAR KARKHANNA MASZID, BALLARI-583101. …APPELLANT

(BY SRI. B.S. SANGATI, ADV)

MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Date: 2025.08.30 15:46:28 +0530

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

AND:

(BY SRI. S.S.JOSHI, ADV FOR R3; SRI. R.R.MANE, ADV FOR R5; NOTICE TO R1 IS DISPENSED WITH; NOTICE TO R2 & R4 ARE SERVED)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 03.12.2016 PASSED IN MVC NO.1325/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

IN MFA NO.101224 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO.LTD. BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI, HERE IN REPRESENTED BY CHOLOMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-06) "GOLDEN HEIGHTS" COMPLEX, 59TH “C” CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010, REP BY AUTHORISED SIGNATORY. …APPELLANT (BY SRI. R.R. MANE, ADV) AND: 1. SMT. PARVATHAMMA W/O LATE KASHINATH AGE: 56 YEARS, OCC: HOUSE WIFE-CUM-TAILOR, R/O: MEENAHALLI VILLAGE, TQ. RAYADURGA, ANANTHAPUR DIST. A.P.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1; SRI. M. AMAREGOUDA, ADV FOR R3; SRI. S.S. JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6 NOTICE TO R2 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC.NO.1068/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.2,70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO.101225 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI, HERE IN REP BY CHOLOMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-06), “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010, REP BY AUTHORISED SIGNATORY. …APPELLANT (BY SRI. R.R. MANE, ADV) AND: 1. SMT. PARVATHAMMA W/O LATE KASHINATH AGE: 56 YEARS, OCC: HOUSE WIFE-CUM TAILOR, R/O: MEENAHALLI VILLAGE, RAYADURGA TALUK, ANANTHAPUR DIST. A.P.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

DURGAMMA TEMPLE, BALLARI.

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV FOR R1; SRI. M. AMAREGOUDA, ADV FOR R3; SRI. S.S. JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6 NOTICE TO R2 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC.NO.1069/2013 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.2,10,240/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 101534 OF 2016 BETWEEN:

SMT. PARVATHAMMA W/O. LATE KASHINATH, AGE: 56 YEARS, OCC: HOUSE WIFE CUM TAILOR,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

R/O. MEENAHALLI VILLAGE, TQ: RAYADURGA, DIST: ANANTHAPUR. …APPELLANT

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV)

AND:

(BY SRI. S.S JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6; NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT & AWARD DATED:01.01.2016, PASSED IN MVC. NO.1068/2013 ON THE FILE OF THE MACT-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO.101600 OF 2016 BETWEEN:

SMT. PARVATHAMMA W/O LATE KASHINATH, AGE:56 YEARS, OCC:HOUSE WIFE CUM TAILOR, R/O: MEENAHALLI VILLAGE, TQ: RAYADURGA, DIST: ANANTHAPUR. …APPELLANT

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV) AND: 1. SRI. G. PRAVEEN KUMAR S/O SATTENNA, AGE:26 YEARS, DRIVER OF TATA ACE KA-34/A-9389, R/O: D.NO. 169C, W.NO. 19, MAIN ROAD DURGAMMA TEMPLE, BALLARI.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. S.S JOSHI, ADV FOR R3; SRI. R.R. MANE, ADV FOR R6; NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 01.01.2016 PASSED IN MVC NO.1069/2013 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102650 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR NO.234, NSC BOSE ROAD, CHENNAI HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560 010 REP BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND: 1. Y. CHANNAPPA S/O LATE Y. NANJAPPA, AGE: 46 YEARS, OCC. CAR DRIVER

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

ALL ARE R/O. DO.NO.47, WARD NO.20 RENUKACHARYA NAGAR, 1ST CROSS BEHIND BASAVESWARA NAGAR, BALLARI-583101.

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1 TO R3; SRI. S.S.JOSHI, ADV FOR R6; SRI. B.C.JNANAYYASWAMI, ADV FOR R8; NOTICE TO R4 & R7 ARE DISPENSED WITH, NOTICE TO R5 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

NO.526/2014 ON THE FILE OF THE MOTOR ACCIDENTS CLAIM TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.7,20,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALISATION.

THIS APPEAL, COMING ON FOR FINAL HEARING,

IN MFA NO. 102651 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR NO.234, NSC BOSE ROAD, CHENNAI, HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH “M” BLOCK, BENGALURU-560010 REPRESENTED BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.527/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.5,12,185/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102652 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6), “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010, R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

AND: 1. MANDAGANI SURESH S/O BASAPPA AGE: 36 YEARS, OCC: INTERNAL AUDITOR, R/O: D.NO.46, WARD NO.20 RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101.

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.528/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.7,58,810/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102653 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6), “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND: 1. M. PARVATHAMMA W/O LATE MALLAPPA AGE: 66 YEARS, OCC: HOUSEWIFE, R/O: H.NO.1255, 6TH WARD, NEAR BANASHANKARI TOWN, KOTTUR TOWN, KUDLIGI TALUK, BALLARI DISTRICT, NOW R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR. BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

ANDRAL, MUNDRIGI BALLARI-583101.

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.529/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.5,25,935/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102654 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

TQ. SIRUGUPPA, DIST. BALLARI-583101. …RESPONDENTS

(BY SRI. Y. LAKSHMIKANT REDDY, ADV FOR R1; SRI. G.N. RAICHUR, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.04.2016 PASSED IN MVC NO.530/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIM TRIBUNAL-II, BALLARI, AWARDING COMPENSATION OF Rs.4,96,265/- ALONG WITH INTEREST RATE THE 6% P.A. FROM THE DATE OF PETITON TILL THE DATE OF REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102655 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX, 59TH ‘C’ CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

(BY SRIYUTHS. Y. LAKSHMIKANTH REDDY, ADV FOR R1,

S.S.JOSHI, ADV FOR R4, B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.531/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.4,89,690/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102656 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6), ”GOLDEN HEIGHTS” COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

MAXI CAB BEARING NO.KA-34/A-1222, R/O: H.NO.216E, MANNUR SUGUR VILLAGE, TQ. SIRUGUPPA, DIST. BALLARI. …RESPONDENTS

(BY SRI. Y. LAKSHMIKANTH REDDY, ADV FOR R1, SRI. S.S.JOSHI, ADV FOR R4, SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2, R3 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.532/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.70,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 102657 OF 2016 BETWEEN:

CHOLAMANDALAM MS GENERAL INS. CO. LTD., BY ITS MANAGER, DARE HOUSE, 2ND FLOOR, NO.234, NSC BOSE ROAD, CHENNAI HEREIN R/BY CHOLAMANDALAM MS GENERAL INS. CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-6) “GOLDEN HEIGHTS” COMPLEX, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR 4TH M BLOCK, BENGALURU-560010 R/BY ITS AUTHORISED SIGNATORY …APPELLANT (BY SRI. R.R. MANE, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

R/O: D.NO.169C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

(BY SRI. Y. LAKSHMIKANTH REDDY, ADV FOR R1; SRI. S.S.JOSHI, ADV FOR R4; SRI. B.C. JNANAYYASWAMI, ADV FOR R6, NOTICE TO R2 & R5 ARE DISPENSED WITH; NOTICE TO R3 IS SERVED)

THIS MFA IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.533/2014 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.1,50,080/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION.

THIS APPEAL, COMING ON FOR ADMISSION,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

IN MFA NO. 100109 OF 2017 BETWEEN:

K.M. NATARAJ S/O K.M. MARISWAMY, AGED 32 YEARS, OCC: PESTICIDES BUSINESS, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101 …APPELLANT

(BY SRI. Y. LAKSHMIKANT REDDY, ADV) AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. S.S. JOSHI, ADV FOR R3, AND SRI. R.R.MANE, ADV FOR R6 AND NOTICE TO R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.527/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100110 OF 2017 BETWEEN:

MANDAGANI S/O BASAPPA, AGED 35 YEARS, OCC: INTERNAL AUDITOR, R/O: D.NO.46, WARD NO.20, RENUKACHARAYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101. …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADV) AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

47 WHITES ROAD, CHENNAI, TAMIL NADU STATE-600014.

(BY SRI. M.Y. KALAGI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.528/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS,

IN MFA NO. 100111 OF 2017 BETWEEN:

M. PARVATHAMMA W/O LATE MALLAPPA, AGED 66 YEARS, OCC: HOUSEWIFE, R/O: HOUSE NO.1255, 6TH WARD, NEAR BANASHANKARI TOWN, KOTTUR TOWN, TQ. KUDLIGI, DIST. BALLARI, NOW R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101. …APPELLANT

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. Y. LAKSHMIKANT REDDY, ADV) AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583110.

(BY SRI. S.S. JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.529/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100112 OF 2017 BETWEEN:

Y. CHANNAPPA S/O LATE Y. NANJAPPA, AGED 46 YEARS, OCC: CAR DRIVER, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101 …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADV) AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. S.S. JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.530/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100113 OF 2017 BETWEEN:

SMT. M KAMALAMMA W/O LATE M. CHINNAPPA, AGED 60 YEARS, OCC: HOUSEWIFE, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101 …APPELLANT

(BY SRI. Y. LAKSHMIKANT REDDY, ADV) AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.531/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100114 OF 2017 BETWEEN:

Y. NAGARAJU S/O NANJAPPA, AGED 47 YEARS, OCC: TEA SELLER R/O: D.NO.47, WARD NO.20,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101 …APPELLANT

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101. 2. SMT. C. RATHNAMMA W/O C. RAMACHANDRA, AGED 42 YEARS, OWNER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL MUNDRIGI, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.532/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS,

IN MFA NO. 100115 OF 2017 BETWEEN:

SMT. SAVITHRI W/O SURESH D/O LATE M. CHINNAPPA, AGED 34 YEARS, OCC: RUNNING BEAUTY PARLOR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101. …APPELLANT

(BY SRI. Y. LAKSHMIKANT REDDY, ADV)

AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.533/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ORDERS,

IN MFA NO. 100116 OF 2017 BETWEEN:

SMT. SUNITHA W/O NAGARAJ Y, AGED 34 YEARS, OCC: TAILOR, R/O: D.NO.46, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101 …APPELLANT (BY SRI. Y. LAKSHMIKANT REDDY, ADV)

AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO. KA-34/A-9389,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI-583101.

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.534/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100117 OF 2017 BETWEEN:

PRAVEEN M. S/O LATE CHINNAPPA M., AGED 50 YEARS, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI. …APPELLANT

(BY SRI. Y LAKSHMIKANT REDDY, ADV)

AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGED 26 YEARS, DRIVER OF THE TATA SUPER ACE BEARING REG NO.KA-34/A-9389, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW R/O: NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

SIRUGUPPA TALUK, BALLARI DISTRICT.

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.535/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100118 OF 2017 BETWEEN:

PRASHANTH S/O LATE CHINNAPPA AGED 31 YEARS, OCC: CURRENCY DISTRIBUTOR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI-583101. …APPELLANT

(BY SRI. Y LAKSHMIKANT REDDY, ADV) AND:

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

R/O: MANDALBATTI, NAGARAYANAPPA NAGAR, ANDRAL, MUNDRIGI, BALLARI-583110.

(BY SRI. S.S.JOSHI, ADV FOR R3 AND SRI. R.R. MANE, ADV FOR R6 AND NOTICE R1, R2, R4 & R5 ARE DISPENSED WITH)

THIS MFA IS FILED U/SEC.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 01.04.2016 PASSED IN MVC NO.536/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 100392 OF 2017 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

BALLARI, HEREIN REP BY CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR (LEVEL-06) “GOLDEN HEIGHTS” COMPLEX, 59TH “C” CROSS, INDUSATRIAL SUBURB, RAJAJINAGAR, 4TH ‘M’ BLOCK, BENGALURU-560010, REP BY ITS SIGNATORY. …APPELLANT (BY SRI. R.R. MANE, ADV)

AND: 1. SMT. MABUNNI W/O LATE SABJANSAB @ SAIBANNA, AGE: 43 YEARS, OCC: HOUSEHOLD

(BOTH ARE R/AT. 129, POLERAPPA TEMPLE STREET, PULKURHTIONI, ANDRAHAL, BALLARI)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. M. AMAREGOUDA, ADV FOR R1, R2 MINOR REP BY R1, SRI. G.N.RAICHUR, ADV FOR R5, NOTICE TO R3 & R6 ARE DISPENSED WITH, NOTICE TO R4 & R7 ARE SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:03.10.2016, PASSED IN MVC.NO.116/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-XII, BALLARI, AWARDING THE COMPENSATION OF RS.7,36,104/- WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT.

THIS APPEAL, COMING ON FOR FINAL HEARING,

IN MFA NO. 101337 OF 2017 BETWEEN:

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., BY ITS MANAGER, BALLARI, REP BY ITS AUTHORISED SIGNATORY. …APPELLANT (BY SRI. R.R. MANE, ADV)

AND: 1. HARIF @ MD. HARIFF S/O HAROON BASHEER, @ HAROON RASHEED, AGE: 31 YEARS, OCC: DRIVER, R/O: HOUSE NO.7, W.NO.25, DEVI NAGAR, NEAR KARKHANA MASJID, BALLARI.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. B.S. SANGATI, ADV FOR R1, SRI. S.S. JOSHI, ADV FOR R4,

NOTICE TO R2 IS DISPENSED WITH, NOTICE TO R3 & R5 ARE SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:03.12.2016, PASSED IN MVC.NO.1325/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, AWARDING THE COMPENSATION OF RS.3,77,140/- WITH INTEREST AT THE RATE OF 7% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

THIS APPEAL, COMING ON FOR ADMISSION,

IN MFA NO. 103472 OF 2016 BETWEEN:

SAVITHRI W/O SURESH D/O LATE M. CHINNAPPA, AGE: 34 YEARS, OCC: RUNNING BEAUTY PARLOUR, R/O: D.NO.47, WARD NO.20, RENUKACHARYA NAGAR, 1ST CROSS, BEHIND BASAVESWARA NAGAR, BALLARI, TAL: BALLARI,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

DIST: BALLARI-583101. …APPELLANT (BY SRI. JAGADISH PATIL, ADV)

AND: 1. PRAVEEN KUMAR G. S/O SATTANNA, AGE: 26 YEARS, OCC: DRIVER, R/O: D.NO.169 C, WARD NO.18, MAIN ROAD, DURGAMMA TEMPLE, BALLARI, NOW AT NEAR MAHAVEER RICE MILL, BOMMANAHAL ROAD, ANDRAL, BALLARI, DIST: BALLARI-583101. (DRIVER OF THE TATA SUPER ACE BEARING REG.NO.KA-34/A-9389)

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

(BY SRI. S.S. JOSHI, ADV FOR R3, SRI. RAVINDRA R. MANE, ADV FOR R6, NOTICE TO R4 IS DISPENSED WITH, NOTICE TO R1, R2, & R5 ARE SERVED)

THIS MFA IS FILED U/S.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT & AWARD DATED:01.04.2016, PASSED IN MVC.NO.533/2014 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL-II, BALLARI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI

ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654, 102655, 102656, 102657 of 2016, and MFA Nos.100392 and 101337 of 2017 are filed by the Cholamandalam M.S. General Insurance Company Ltd., challenging the judgment and the award. The petitioners have also filed MFA No.100113/2018, MFA

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

No.101534/2016 and MFA No.101600/2016, MFA Nos.100109, 100110, 100111, 100112, 100113, 100114, 100115, 100116, 100117, and 100118 of 2017 seeking enhancement of the compensation. 2. For convenience, the parties are referred to based on the rankings before the Tribunal. 3. Brief facts leading rise to the filing of these appeals, are as follows: 4. On 11.09.2013, the petitioners were travelling in a Maxi-cab Toofan (cruiser) bearing Reg.No.KA-34/A- 1222, from Ballari towards Arasikere. When the said vehicle was on the SH-19 road, near Sanikere village, at that time, respondent No.1, being the driver of the TATA Super Ace bearing Reg.No.KA-34/A-9389, came from the opposite direction, in a rash and negligent manner, and dashed against the Maxi-cab, in which the petitioners were travelling. As a result, petitioners sustained injuries, and one of the inmates of the Maxi-cab bearing Reg.No.KA-

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

34/A-1222 has died. The petitioners filed a claim petitions seeking compensation. 5. Praveen Kumar G, and Smt.C.Rathnamma, i.e., driver and owner of the TATA Ace bearing Reg.No.KA- 34/A-9389, filed a statement of objections denying the allegations made in the claim petitions. It is contended that G.Praveen Kumar had a valid and effective driving licence to drive the vehicle. According to the driver and owner of the TATA Ace bearing Reg.No.KA-34/A-9389, the accident in question occurred due to the rash and negligent driving of the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. Hence, it is contended that Mohammed Arif, i.e., the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222, has contributed to the accident, and the driver, owner and insurer of the said Maxi-cab are also necessary parties. Hence, it is prayed to dismiss the claim petitions against the driver and owner of the TATA Ace bearing Reg.No.KA-34/A-9389.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

Kumar, driver of the TATA Ace bearing Reg.No.KA-34/A- 9389, in crime No.294/2013 and not against the Mohammed Arif, the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. It is contended that Ramesh Kumar, i.e., owner of the Maxi-cab bearing Reg.No.KA- 34/A-1222 has entrusted the Maxi-cab to Mohammed Arif, knowing fully well that he did not have a valid and effective driving license. It is contended that the policy was in force regarding the Maxi-cab bearing Reg.No.KA- 34/A-1222. Hence, prays to dismiss the claim petitions against the Cholamandalam MS General Insurance Company Limited. 8. The Tribunal, based on the pleadings of the parties, framed the relevant issues. 9. The petitioners, to substantiate their case, examined themselves in the P.W. series, and marked documents under the exhibit P-series. The Insurance Companies also examined the witnesses in the R.W.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

series, and marked documents under the exhibits R-series. The Tribunal, after assessing the verbal and the documentary evidence, allowed the claim petitions in part, and held that G.Praveen Kumar and Smt.C.Rathnamma and Royal Sundaram Alliance Insurance Company Limited are jointly and severally liable to pay the compensation amount to the petitioners to the extent of 75%, and Mohammed Arif, Ramesh Kumar and Cholamandalam MS General Insurance Company Limited are jointly and severally liable to pay the compensation amount to the petitioners to the extent of 25%. Royal Sundaram Alliance Insurance Company Limited, and the Cholamandalam MS General Insurance Company Limited were directed to deposit the compensation amount, within two months from the date of the award. 10. Aggrieved by the judgment and award passed by the Tribunal, the Cholamandalam M.S. General Insurance Company Ltd., filed a MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654,

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

102655, 102656, 102657 of 2016, and MFA Nos.100392 and 101337 of 2017 challenging the judgment and the award. The claimants have also filed MFA No.100113/2018, MFA No.101534/2016, and MFA No.101600/2016, MFA Nos.100109, 100110, 100111, 100112, 100113, 100114, 100115, 100116, 100117, and 100118 of 2017, seeking enhancement of the compensation. 11. Heard the arguments of the learned counsel for the Cholamandalam M.S. General Insurance Company Ltd., Royal Sundaram Alliance Insurance Company Limited and the learned counsel for the petitioners. 12. Learned counsel for the Cholamandalam M.S. General Insurance Company Ltd., submits that due to the rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389, the accident occurred, and a case was registered against the driver of the said vehicle. He submits that the driver of the Maxi-cab bearing

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

Reg.No.KA-34/A-1222 did not held a valid and effective driving licence. He submits that the petitioners have failed to establish that the accident occurred due to the rash and negligent driving of the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222. The Tribunal has committed an error in saddling the liability on the Insurance Company, i.e., Cholamandalam M.S. General Insurance Company Ltd., to the extent of 25%. Hence, on these grounds, he prays to allow the appeals filed by the Insurance Company, and dismiss the appeals filed by the petitioners. 13. Per contra, learned counsel for the Royal Sundaram Alliance Insurance Company Limited submits that though the charge sheet is filed against G.Praveen Kumar, driver of the TATA Ace, and Ramesh Kumar, owner of the Maxi-cab, the Tribunal was not justified in saddling the liability on the Insurance Company, i.e., Royal Sundaram Alliance Insurance Company Limited to the extent of 75%. He submits that the driver of the TATA Ace bearing Reg.No.KA-34/A-9389 has parked the vehicle in

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

the middle of the road and the driver of the Maxi-cab bearing Reg.No.KA-34/A-1222 has contributed to the accident. It was contributory negligence on the part of the drivers of both vehicles, i.e., G.Praveen Kumar and Mohammed Arif. He submits that the Tribunal was justified in saddling the liability on both the Insurance Companies. Hence, on these grounds, he prays to dismiss the appeals filed by the petitioners, and the Cholamandalam M.S. General Insurance Company Ltd. 14. Learned counsel for the petitioners submits that the compensation awarded by the Tribunal is on the lower side. Hence, prays to allow the appeals filed by the petitioners, and to enhance the compensation amount. 15. I have perused the records, and considered the submissions made by the learned counsel for the parties. 16. The point that arises for consideration is about the liability, and the quantum of compensation.

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occurred due to rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389, and there was no negligence on the part of the driver of the Maxi- cab bearing Reg.No.KA-34/A-1222. Thus, the Tribunal has committed an error in saddling the liability on the Cholamandalam M.S. General Insurance Company Ltd. Hence, the liability fastened on the Cholamandalam M.S. General Insurance Company Ltd. requires to be exonerated. 18. In view of the above discussion, this court is of the considered opinion that the accident occurred due to rash and negligent driving of the driver of the TATA Ace bearing Reg.No.KA-34/A-9389. Hence, G.Praveen Kumar (driver), Smt.C.Rathnamma (owner), and the Royal Sundaram Alliance Insurance Company Limited (insurer) are jointly, and severally liable to pay the compensation amount to the petitioners.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 28 years old, as of the date of the accident. The multiplier applicable to the age group is ‘17’, and 40% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.2,800 = Rs.9,800/-. To prove the disability, the petitioner examined the doctor as P.W.2, who has opined that the petitioner has sustained permanent disability to the extent of 30%. Admittedly, the doctor who has examined the petitioner is not a treated doctor. However, the Tribunal has assessed the permanent disability at 15%. The Tribunal has taken the disability at 15%, which is on the lower side. This court re-assess the permanent disability at 20%, which is just and proper. Thus, the petitioner is entitled for compensation of Rs.3,99,840/- (Rs.9,800/-x 12x 17x20%) under the head loss of future earning. The petitioner is also entitled to a compensation of Rs.19,600/-(Rs.9,800/- x 2 months) under the head loss of earning during the laid up period,

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Rs.10,000/- under the head attendant charges, Rs.20,000/- under the head Food and nourishment expenses, Rs.25,000/- under the head loss of amenities, and Rs.25,000/- under the head pain and suffering. 21. Thus, the petitioner is entitled to a total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of future earning (Rs.9,800/-x 12x 17x20%) 3,99,840/- Loss of earning during laid up period 19,600/- Attendant charges 10,000/- Food and nourishment 20,000/- Loss of amenities 25,000/- Medical expenses 11,540/- Pain and suffering 25,000/- Total 5,10,980/- Compensation awarded by the Tribunal 3,77,140/- Enhanced compensation 1,33,840/- 22. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,33,840/- with interest at the rate of

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

6% p.a. from the date of the petition till realisation of the amount. In MFA No.101534/2016 23. This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove the income of the deceased. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident occurred in 2013.The deceased was about 75 years old, as of the date of the accident, and 1/3rd of his income has to be deducted towards his personal expenses, which comes to Rs.4,667/-. The multiplier applicable to the age group is ‘5’. Thus, the petitioner is entitled to a compensation of Rs.2,80,020/- (Rs.4,667/-x 12 x 5) under the head loss of dependency. The petitioner is also entitled to a compensation of Rs.48,000/- under the head loss of

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consortium, Rs.36,000/- under the head funeral expenses and loss of estate. 24. Thus, the petitioner is entitled to total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of dependency (Rs.4,667/-x 12x 5) 2,80,020/- Loss of consortium 48,000/- Funeral expenses and loss of Estate 36,000/- Total 3,64,020 Compensation awarded by the Tribunal 2,70,000/- Enhanced compensation 94,020/- 25. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.94,020/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.101600/2016

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

Rs.1,82,952/- (Rs.7,700/-x 12x 11x18%) under the head loss of future earning. The petitioner is also entitled to a compensation of Rs.15,400/-(Rs.7,700/- x 2 months) under the head loss of earnings during the laid up period, Rs.40,000/- under the head future medical expenses, Rs.65,440/- under the head medical expenses, Rs.40,000/- under the head pain and suffering, Rs.10,000/- under the head attendant, nourishment and conveyance charges, and Rs.25,000/- under the head loss of amenities. 27. Thus, the petitioner is entitled to total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of future earning (Rs.7,700/-x 12x 11x18%) 1,82,952/- Loss of earning during laid up period 15,400/- Future medical expenses 40,000/- Medical expenses 65,440/- Loss of amenities 25,000/- Attendant, nourishment & 10,000/-

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conveyance charges Pain and suffering 40,000/- Total 3,78,792/- Compensation awarded by the Tribunal 2,10,240/- Enhanced compensation 1,68,552/- 28. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,68,552/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.100109/2017 29. This appeal is filed by the petitioner seeking an enhancement of the compensation. To prove his income, the petitioner has produced the income tax returns marked as Exs.P18 and P19. From the perusal of the exhibits, the monthly income of the petitioner is assessed at Rs.20,000/-. The accident is of 2013. The petitioner was about 30 years old, as of the date of the accident. The multiplier applicable to the age group is ‘17’, and 40%

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future prospects is to be added to the notional income, i.e., Rs.20,000 + Rs.8,000 = Rs.28,000/-. To prove the disability, the petitioner examined the doctor, who has opined that the petitioner has sustained a permanent disability to the extent of 10%. Admittedly, the doctor who has examined the petitioner is a treated doctor. The Tribunal has taken the permanent disability at 10%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.5,71,200/- (Rs.28,000/-x 12x 17x10%) under the head loss of future earnings. The petitioner is also entitled to a compensation of Rs.56,000/- (Rs.28,000/- x 2 months) under the head loss of earnings during the laid up period, Rs.10,000/- under the head attendant and conveyance charges, Rs.25,000/- under the head loss of amenities, and Rs.25,000/- under the head pain and suffering, Rs.14,186 under the head medical expenses. 30. Thus, the petitioner is entitled to total compensation, which is as follows:

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Particulars Compensation amount in (Rs.) Loss of future earning (Rs.28,000/-x 12x 17x10%) 5,71,200/- Loss of earning during laid up period 56,000/- Attendant and conveyance charges 10,000/- Medical expenses 14,186/- Loss of amenities 25,000/- Pain and suffering 25,000/- Total 7,01,386/- Compensation awarded by the Tribunal 5,12,185/- Enhanced compensation 1,89,201/- 31. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,89,201/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.100110/2017 32. The learned counsel for the petitioner has filed a memo seeking the permission of this court to withdraw

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the appeal. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. In MFA No.100111/2017 33. This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/- as the accident is of 2013. The petitioner was about 64 years old, as of the date of the accident. The multiplier applicable to the age group is ‘7’. To prove the disability, the petitioner examined the doctor, who has opined that the petitioner has sustained a permanent disability to the extent of 40%. The Tribunal has taken the permanent disability at 40%, which is just and proper. The Insurance Company has not challenged the disability assessed by the Tribunal. Thus, the

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petitioner is entitled to compensation of Rs.2,35,200/- (Rs.7,000/-x 12x 7x40%) under the head loss of future earning. The petitioner is also entitled to compensation of Rs.21,000/-(Rs.7,000/- x 3 months) under the head loss of earnings during the laid up period, Rs.2,74,935/- under the head medical expenses, Rs.20,000/- under the head attendant, nourishment and conveyance charges, and Rs.40,000/- under the head pain and suffering, Rs.40,000/- under the head future medical expenses, and Rs.25,000/- under the head loss of amenities. 34. Thus, the petitioner is entitled to a total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of future earning (Rs.7,000/-x 12x 7x40%) 2,35,200/- Loss of earning during laid up period 21,000/- Medical expenses 2,74,935/- Future medical expenses 40,000/- Attendant, nourishment and conveyance charges 20,000/-

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Loss of amenities 25,000/- Pain and suffering 40,000/- Total 6,56,135/- Compensation awarded by the Tribunal 5,25,935/- Enhanced compensation 1,30,200/- 35. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,30,200/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.100112/2017 36. This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any document to prove his income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 43 years old, as of the date of the

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accident. The multiplier applicable to the age group is ‘14’. 25% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.1,750 = Rs.8,750/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 20%. The Tribunal has taken the permanent disability at 20%, which is just and proper. Thus, the petitioner is entitled to compensation of Rs.2,94,000/- (Rs.8,750/-x 12x 14x20%) under the head loss of future earning. The petitioner is also entitled to compensation of Rs.26,250/-(Rs.8,750/- x 3 months) under the head loss of earning during the laid up period, Rs.25,000/- under the head attendant, nourishment, and conveyance charges, Rs.2,35,767/- under the head medical expenses, and Rs.40,000/- under the head pain and suffering and Rs.30,000/- under the head loss of amenities and Rs.40,000/- under the head future medical expenses.

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HC-KAR NC: 2025:KHC-D:10220 MFA No. 100113 of 2018 C/W MFA No. 101224 of 2016 MFA No. 101225 of 2016 AND 23 OTHERS

In MFA No.100113/2017 39. This appeal is filed by the petitioner seeking an enhancement of the compensation. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 58 years old, as of the date of the accident. The multiplier applicable to the age group is ‘9’, and 10% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.700 = Rs.7,700/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 45%. The Tribunal has taken the permanent disability at 45%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.3,74,220/- (Rs.7,700/-x 12x 9x45%) under the head loss of future earning. The petitioner is also entitled to

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compensation of Rs.38,500/-(Rs.7,700/- x 5 months) under the head loss of earning during the laid up period, Rs.30,000/- under the head attendant, nourishment, and conveyance charges, Rs.1,46,088/- under the head medical expenses, and Rs.40,000/- under the head pain and suffering and Rs.30,000/- under the head loss of amenities and Rs.40,000/- under the head future medical expenses. 40. Thus, the petitioner is entitled to total compensation, which is as follows: Particulars Compensation amount in (Rs.) Loss of future earning (Rs.7,700/-x 12x 9x45%) 3,74,220/- Loss of earning during laid up period 38,500/- Attendant, nourishment and conveyance expenses 30,000/- Future medical expenses 40,000/- Medical expenses 1,46,088/- Loss of amenities 30,000/- Pain and suffering 40,000/- Total 6,98,808/- Compensation awarded by the Tribunal 4,86,690/- Enhanced compensation 2,12,118/-

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In MFA No.100115/2017 45. The learned counsel for the petitioner has filed a memo seeking the permission of this court to withdraw the appeal. The memo is taken on record. Accordingly, the appeal is dismissed as withdrawn. In MFA No.100116/2017 46. The Tribunal has awarded global compensation of Rs.6,000/-, which is on the lower side. Considering the injuries sustained by the petitioner, this court is of the opinion that the petitioner is entitled to global compensation of Rs.25,000/-. 47. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.100117/2017

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compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. In MFA No.103472/2016 52. This appeal is filed by the petitioner seeking enhancement of the compensation. The petitioner has not produced any documents to prove her income. In the absence of proof of income, the notional income has to be assessed as per the guidelines issued by the Karnataka State Legal Services Authority. Hence, the notional income is taken at Rs.7,000/-, as the accident is of 2013. The petitioner was about 32 years old, as of the date of the accident. The multiplier applicable to the age group is ‘16’, and 40% future prospects is to be added to the notional income, i.e., Rs.7,000 + Rs.2,800 = Rs.9,800/-. To prove the disability, the petitioner has examined the doctor, who has opined that the petitioner has sustained permanent disability to the extent of 10%. The Tribunal has taken the

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permanent disability at 10%, which is just and proper. Thus, the petitioner is entitled to a compensation of Rs.1,88,160/- (Rs.9,800/-x 12x 16x10%) under the head loss of future earning. The petitioner is also entitled to a compensation of Rs.9,800/-(Rs.9,800/- x 1 month) under the head loss of earnings during the laid up period, Rs.30,000/- under the head attendant, nourishment and conveyance charges, Rs.9,080/- under the head medical expenses, and Rs.25,000/- under the head pain and suffering and Rs.25,000/- under the head loss of amenities. 53. Thus, the petitioner is entitled to total compensation, which is as follows:

Particulars Compensation amount in (Rs.) Loss of future earning (Rs.9,800/-x 12x 16x10%) 1,88,160/- Loss of earning during laid up period 9,800/- Attendant, nourishment and conveyance expenses 30,000/-

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Medical expenses 9,080/- Loss of amenities 25,000/- Pain and suffering 25,000/- Total 2,87,040/- Compensation awarded by the Tribunal 1,50,080/- Enhanced compensation 1,36,960/- 54. Thus, the appeal filed by the petitioner is allowed in part. The petitioner is entitled to an enhanced compensation of Rs.1,36,960/- with interest at the rate of 6% p.a. from the date of the petition till realisation of the amount. 55. In view of the above discussion, the point formulated is answered in the affirmative, and I proceed to pass the following: ORDER i. The appeals filed by the Cholamandalam M.S. General Insurance Company Ltd., in MFA Nos.101224, 101225, 102650, 102651, 102652, 102653, 102654, 102655, 102656, 102657 of 2016, and MFA Nos.100392 and 101337 of 2017 are allowed. The liability fastened on the

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Cholamandalam M.S. General Insurance Company Ltd is exonerated. ii. G.Praveen Kumar (driver), Smt.C.Rathnamma (owner) and the Royal Sundaram Alliance Insurance Company Limited (insurer) of the TATA Ace bearing Reg.No.KA-34/A-9389 are jointly and severally liable to pay the compensation amount to the petitioners. iii. The appeals filed by the claimants are allowed in part. iv. The petitioner in MFA No.100113/18 is entitled to an enhanced compensation of Rs.1,33,840/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. v. The petitioner in MFA No.101534/2016 is entitled to an enhanced compensation of Rs.94,020/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. vi. The petitioner in MFA No.101600/2016 is entitled to an enhanced compensation of

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Rs.1,68,552/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. vii. The petitioner in MFA No.100109/2017 is entitled to an enhanced compensation of Rs.1,89,201/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. viii. The petitioner in MFA No.100111/2017 is entitled to an enhanced compensation of Rs.1,30,200/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. ix. The petitioner in MFA No.100112/2017 is entitled to an enhanced compensation of Rs.1,94,752/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. x. The petitioner in MFA No.100113/2017 is entitled to an enhanced compensation of Rs.2,12,118/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount.

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xi. The petitioner in MFA No.100114/2017 is entitled to an enhanced compensation of Rs.30,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. xii. The petitioner in MFA No.100116/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. xiii. The petitioner in MFA No.100117/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. xiv. The petitioner in MFA No.100118/2017 is entitled to an enhanced compensation of Rs.19,000/- with interest at the rate of 6% p.a. from the date of petition till realisation of the amount. xv. The petitioner in MFA No.103472/2016 is entitled to an enhanced compensation of Rs.1,36,960/- with interest at the rate of

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6% p.a. from the date of petition till realisation of the amount. xvi. The appeals filed by the petitioner in MFA Nos.100110 and 100115 of 2017 are dismissed as withdrawn. xvii. The impugned judgments and awards passed by the Tribunal is modified. xviii. G.Praveen Kumar (driver), Smt.C.Rathnamma (owner) and the Royal Sundaram Alliance Insurance Company Limited (insurer) of the TATA Ace bearing Reg.No.KA-34/A-9389 are jointly and severally liable to pay the compensation amount to the petitioners. xix. The Royal Sundaram Alliance Insurance Company Limited is directed to deposit the compensation amount with accrued interest, within a period of eight weeks from the date of receipt of a certified copy of this judgment. xx. The deposit and disbursement of the compensation amount shall be in terms of the award passed by the Tribunal.

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xxi. The Tribunal records, and the amount in deposit, if any, shall be transmitted to the Tribunal concerned, forthwith. xxii. Pending applications in all the appeals, if any, stands disposed of.

Sd/- (ASHOK S. KINAGI) JUDGE

MBS CT: BSB List No.: 1 Sl No.: 1