< ,.Kurf@Ld9?: .,/SI¢,£_1rma';V ' ---------- -A " IN THE IIIGH COURT OF KARNATAKA': C " CIRCUIT BENCH AT DI-IARWAD " 4- DATED THIS THE 7TH DAY 01'» SAEP'l'EI.'a'JE'i'::'E3.-.'I:"§»,:2*:1V.) 19 Q " E x BEFORE THE I-ION'BLE MR. JU_sT:CE.A°.s_; Ed1#,§,m~zA " M.F.A. NO. 1 1§eE;'2¥ooT'E-- C IVI.F.A No.%'11s05}2oof7fgAME;_ IN MFA N0.11;L9O?j2OO17 if Kaum aafii ' Bhagat 's1n*gh 'Road T I-Iospet Road _ " Sirsi;-581 402 A ._ Rep its Partr1::r" ' APPELLANT A(By J Neeral gi, Adv. ) %TCC«...4EE_LggND; '.Qufi.3nta1 Insurance Company Ltd. Répresented by its Divisionai Manager Kittur Chambers, Main Road, Karwar. E 3; re' ix) 2. Kumari Nagrna D/0. Malliksab Nadaf Age: about 15 years, R/0. Gadag Road, Cement Chall, 61/D, Hubli (RPF) Since the child is minor is represented by her next friend natural mother Bibijan i W/0. Me-hboob Sab Nadaf. it 3. Manjunath S/0. Kareppaswariiy Pujar 2 Age: Major, R/0. Marathikoppag. Sirsi. ' _ (By Sri.A.M.Venk:atesh; Adv i0r:_R;'i1.._ Sri. Syed R.H., Advf'f0,1<R-.r_2f;\.A} " R.3--notic D/W) " V ' M'P_'Ai'N0'. 1i19'O2/2i'GsQ7_is filed under section 173(1) of MV Act iagainstf th"e._"j1;1dgment and award dated 2.11.2006 No.97/2000 on the file of the III "A§dd1;. Civi'1._Judge (Sr.Dn.) 82; CJM, Dharwad, 0'i§n'ENTs Ln.) Hospet Road Sirsi~581 401 Rep by its Partner Kumuda Sharma. (By Sri.JeeVan J. Neeralgi, Adv.) AND: 1. Oriental Insurance Represented by its Divisiar;ai:';--Manager _ Kittur Chambers, Mainv'Road_', Karwar. 2. Mehboob§.Sa'b__ i\/Ia11iI--i1,1bli' (RP?) 3. Manjunath' S /"of.jKIareVppas_warny Pujar Age: Major, R'/.0. "NEa_r"a«-th'ikoppa, Sirsi. = .' " " RESPONDENTS
(Bylsxrit. }E§.i.:ii\’J;Vi:’\i’e_n1<atesh, Adv for 12.:
'»Sri. Syed-..R;H':,rV for R.2
R". 3:n_oticv V V
MF_A1No.11806/2007 is filed under section 173(1)
_ *"of*i':.4V Act against the judgment and award dated
' "2;i.1_.2"oo5 passed in MVC No.95/2000 on the file of the
..jEII"-VAdd1. Civil Judge (Sr.Dn.) 86 CJM Dharwad,
i"'-..vav_v_arding compensation of Rs.2,30,000/- with interest
6% RA. from the date of petition till realisation.
?
i
am:
« ._ ¢.._. At$ié:’:t,i,Ai&iVfif
These appeals coming on for admission this day,
the court delivered the following:
COMMON JUDGMENT
The appellant in both the appeals was respondent
No.1 in MVC l\§os.95/2000 and 97/2000. Theijsaid
claim petitions were disposed of along with
MVC No.96/2000 by a common
02.11.2006.
The 0′ ‘i5′.aVppie.1la–nt”~«Hhezfein who was the 19¢
respondent in the petitions is the owner of
the yfefiiole namely the insurer. The necessity to file the
y’present’ appeals have arisen in View of the indication in
of the judgment of the Tribunal
V . With” regard’; to the nature of the liability to pay the
V” ..e’ompen’sation.
i
3. In this regard, a detailed discussion on
aspect of the matter is not necessary since irrrespeect : ‘
the judgment and award in ll
appellants herein were V before’~._iithisi” tylicourt
W.P.No.15917/2007 on the”very This ‘V V
Court While dispos.ing Writ “lpetition
No.1591’7/2007′ has after noticing
the reasons Tribunal. In
that conteiet, that the Insurance
Compalnyl frornllitlhe liability to pay the
entire cornpensa.tio«n– as-deterrnined by the Tribunal.
=4;>_..iiV:l-lencell’the….p’resent appeals are allowed. It is
_ c’lar’ified,_i’tha.t’ “the entire amount of compensation as
the Tribunal shall be deposited by the 13?
V ‘ re spoi1dent–in surance Company by way of
H”bindleiinnification of the joint liability held against the
walppellant herein. It is stated that the Insurance
6
Company has deposited only 50% of the amount
ordered by the Tribunal and the balance of 50% shall be
deposited by the Insurance Company Within a per;io’dT of
four weeks from the date of receipt of
judgment.
5. In terms of the above, both.theseiva;ojhoea1s4.’_are.. ix
allowed. No order as to costs.
before this Court shall ret’urid_ed*–Tto’ ‘tithe ‘V
appeliant.