1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 3RD DAY OF SEPTEMBER 2014 BEFORE THE HON’BLE DR. JUSTICE K. BHAKTHAVATSALA MISCELLANEOUS FIRST APPEAL NOS.10883/2013, 6803/2013, 10881/2013, 10882/2013, 10884/2013, 10885/2013, 10886/2013, 10887/2013, 10888/2013, 1952/2014, 1953/2014, 2499/2014 (MV) BETWEEN: MFA NO.10883/2013 The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now represented by its Regional Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, HUBLI-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Ningaraju, S/o Amavasaiah, 2 Age: 41 years, R/o Jakkenahalli, Hally Mysore Hobli, Holenarasipura Taluk, Presently at R/o Ramaiah, S/o Rangaiah, Ambedkar Nagar, Konanur Town, Arkalgud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle KA 13 3784) Respondents MFA NO.6803/2013 BETWEEN The Divisional Manager, Oriental Insurance Co. Ltd., Divisional Office, S S Complex, Subhas Square, Hassan-573 201. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) 3 AND 1. B T Govinde Gowda, Age: 41 years, S/o Thimmegowda, R/a Garudanahalli, Arakulgudu Taluk & also at B Katihalli, Kasaba Hobli, Hassan Taluk, Hassan District-573 102. 2. Wasim Akram, Major, S/o Mob Rafiq, No.177, Saligrama, K R Nagar, Mysore District-571 604. 3. M M Srinivas, Major, S/o Mali Gowda, Doddamagge & Post, Arakulgud Taluk, Hassan District-573 102. Respondents (By Smt. A Sharadamba, Adv., for R-1) (R-2 and 3 are served, but unrepresented) MFA NO.10881/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, 4 Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Roopa, W/o Ashoka, Age: 31 years, R/o Gondimallenahally Village, Kasaba Hobli, Holenarasipur Taluk, Hassan District-573 211. 2. Wasim Akram, S/o Mohammed Rafiq, Major No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle KA 13 3784) 3. M M Srinivas, Major, S/o Mali Gowda, Doddamagge & Post, Arakulgud Taluk, Hassan District-573 102. (Old owner of vehicle KA 13 3784) Respondents 5 MFA NO.10882/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Smt. Savitha, W/o Gangadhara, Age: 26 years, R/o Borekoppam (Kalanakoppam), Ramanathapura Hobli, Arkalagud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 6 MFA NO.10884/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Venkatamma @ Venkamma, W/o Swamynayak, Age: 46 years, R/o Rudrapatna, Ramanathapura Hobli, Arkalgud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 7 MFA NO.10885/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Ningaraju @ Nagarajachari T N, S/o Ningachari, Age: 46 years, R/o Basavapattan Dhakle, Thattevalu, Ramanathapura Hobli, Arkalgud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 8 MFA NO.10886/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Ramesh, S/o Kalegowda, Age: 36 years, R/o Borekoppalu, Ramanathapura Hobli, Arkalagud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 9 MFA NO.10887/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1.Saraswathi, W/o Srinivas, Age: 26 years, R/o Basavapattna, Ramanathapura Hobli, Arkalagud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 10 MFA NO.10888/2013 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Venkatappa @ Venkatajogi, S/o Annajogi, Age: 46 years, R/o Ibbadi Dhakle (Jogi Colony), Arkalagud Taluk-573 102. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. (Owner of vehicle-KA 13 3784) Respondents 11 MFA NO.1952/2014 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1.Janakirani, W/o Chandrashekar, Age: 55 years, R/o Basavapattna, Ramanathapura Hobli, Arkalgud Taluk, Hassan District-573 201. 2. Vasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District-571 602. 12 3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District-573 201. Respondents MFA NO.1953/2014 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1. Ambika, W/o Ravikumar S, Age: 42 years, R/o Basavapattna, Ramanathapura Hobli, Arkalgud Taluk, Hassan District. 13 2. Wasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District. 3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District. Respondents MFA NO.2499/2014 BETWEEN The Manager, The Oriental Insurance Co. Ltd., S S Complex, Subhash Chowk, Hassan. Now rep. by its Manager, Regional Office, 2nd floor, Sumangala Complex, Lamington Road, Hubli-580 020. Appellant (By Smt. Harini Shivananda, Adv.) AND 1.Puttarajappa, 14 S/o late Nanjappa, Age: 66 years, R/o Niduvani Village, Hally Mysore Hobli, Holenarasipur Taluk, Hassan District. 2. Wasim Akram, S/o Mohammed Rafiq, Major, No.177, Saligrama-8, K R Nagar Taluk, Mysore District (Present owner of vehicle-KA 13 3784) 3. M M Srinivas, S/o Maligowda, Major, Doddamagge Village & Hobli, Arkalgud Taluk, Hassan District (Old owner of vehicle-KA 13 3784). Respondents - – - Miscellaneous First Appeal No.10883/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.816/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. Miscellaneous First Appeal No.6803/2013 is filed under Section 173(1) of the Motor Vehicles Act, against 15 the judgment and award dated 7.2.2013 made in MVC No.954/2012 on the file of Presiding Officer, Fast Track Court-II/MACT, Hassan. Miscellaneous First Appeal No.10881/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 12.7.2013 made in MVC No.846/2012 clubbed with MVC No.845/2012on the file of Senior Civil Judge/MACT, at Holenarasipur. Miscellaneous First Appeal No.10882/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.815/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. Miscellaneous First Appeal No.10884/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.817/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. Miscellaneous First Appeal No.10885/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.818/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. 16 Miscellaneous First Appeal No.10886/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.819/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. Miscellaneous First Appeal No.10887/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.822/2012 on the file of Civil Judge (Sr. Divn.)/MACT, at Arkalgud. Miscellaneous First Appeal No.10888/2013 is filed under Section 173(1) of the Motor Vehicles Act, against the judgment and award dated 17.6.2013 made in MVC No.821/2012 on the file of Civil Judge (Sr.