- 1 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 953 OF 2015 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1390 OF 2014 (MV- I) MISCELLANEOUS FIRST APPEAL NO. 1391 OF 2014 (MV- D) IN MFA No. 953/2015 BETWEEN: THE ORIENTAL INSURANCE CO LTD REP. BY ITS NEAREST DIVISIONL MANAGER, DIVISIONAL OFFICE, VISHNU PRAKASH BUILDING, 2ND FLOOR, COURT ROAD, UDUPI, REP. BY THE REGIONAL MANAGER, THE ORIENTAL INSURANCE CO.LTD., REGIONAL OFFICE, 2ND FLOOR, SUMANGALA COMPLEX, LAMINGTON ROAD, HUBLI- 580 020. …APPELLANT (BY SRI. M NARAYANAPPA., ADVOCATE) AND: 1. MOHAMMAD RIFAN AGED ABOUT 15 YEARS, MINOR REP. BY HIS MOTHER SMT.SHAMSHAD BEGUM, AGED ABOUT 32 YEARS, W/O JAFFAR SADIQ, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 R/AT NEAR GARADI, KALMADI, BOTWALA, UDUPI TALUK & DISTRICT. 2. SRI MOHAMMAD MATHIN S/O PACHA SAHEB, AGED ABOUT 44 YEARS, R/O ARIF MANZIL RESHMA TRAVELS, GOWRIKERE, MOODABIDRI, MANGALORE TALUK-574227. 3. THE PRINCIPAL G.M.VIDYANIKETAN PUBLIC SCHOOL, HARADI, BRAHMAVARA-576213. 4. THE UNITED INDIA INSURANCE CO.LTD BY ITS DIVISIONAL MANAGER, DIVISIONAL OFFICE, UDUPI-576108. …RESPONDENTS (BY SRI. HARSHA.G, ADVOCATE FOR SRI. SACHIN B S.,ADVOCATE FOR R1; V/O DTD 14.12.2017 SRI. VIJAYA PHANEENDRA T B, ADVOCATE FOR SRI. A N KRISHNA SWAMY, ADVOCATE FOR R4 R2, R3 SD.) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.12.2014 PASSED IN MVC NO.845/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, UDUPI, AWARDING A COMPENSATION OF RS.77,900/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE DATE OF ACTUAL DEPOSIT. IN MFA NO. 1390/2014 BETWEEN: 1. THE ORIENTAL INSURANCE CO LTD REP BY ITS NEAREST DIVISIONAL MANAGER DIVISIONAL OFFICE - 3 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 VISHNU PRAKASH BUILDING 2ND FLOOR, COURT ROAD UDUPI REP BY THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE 2ND FLOOR, SUMANGALA COMPLEX LAMINGTON ROAD HUBLI 580 020 ...APPELLANT (BY SRI. C.R.RAVISHANKAR, ADVOCATE) AND: 1. KUMARI RITHIKA D/O VASANDHA BANGERA AGED ABOUT 14 YEARS REP BY NATURAL GUARDIAN FATHER SRI VASANTHA BANGERA AGED 38 YEARS S/O MAHABALA KOTIAN R/O SRI DEVI PRASAD NILAYA PADLANERGI, KODAVOOR POST MALPE, UDUPI DISTRICT UDUPI 576 108 2. SRI MOHAMMAD MATHIN S/O PACHA SAHEB AGED ABOUT 44 YEARS R/O ARIF MANZIL RESHMA TRAVELS GOWRIKERE MOODABIDRI MANGALORE TALUK 574 227 3. THE PRINCIPAL G M VIDYANIKETAN PUBLIC SCHOOL HARADI BRAHMAVARA - 576 213 4. THE UNITED INDIA INSURANCE CO LTD., - 4 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE JEWEL PLAZA MARUTHI VEETHIKA OPP: SRI NIDHI NIDHI MEDICALS NEAR CHITTARANJAN CIRCLE UDUPI 576 108 ...RESPONDENTS (BY SRI. VIJAYA PHANEENDRA T.B, ADVOCATE FOR SRI. A N KRISHNA SWAMY, ADVOCATE FOR R4; R1, R2, R3 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.11.2013 PASSED IN MVC NO.728/2012 ON THE FILE OF THE PRINCIPAL, SENIOR CIVIL JUDGE, MACT, UDUPI, AWARDING COMPENSATION OF RS.20,000/- WITH INTEREST @ 8% P.A FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 1391/2014 BETWEEN: THE ORIENTAL INSURANCE CO LTD REP BY ITS NEAREST DIVISIONAL MANAGER DIVISIONAL OFFICE VISHNU PRAKASH BUILDING 2ND FLOOR, COURT ROAD UDUPI REP BY THE REGIONAL MANAGER THE ORIENTAL INSURANCE CO LTD., REGIONAL OFFICE 2ND FLOOR, SUMANGALA COMPLEX LAMINGTON ROAD HUBLI- 580 020 ...APPELLANT (BY SRI. M NARAYANAPPA.,ADVOCATE) AND: - 5 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 1. SRI VASANTHA BANGERA S/O MAHABALA KOTIAN AGED ABOUT 38 YEARS 2. SMT NANDADEEPA W/O VASANTHA BANGERA AGED ABOUT 34 YEARS BOTH ARE R/O SRI DEVI PRASAD NILAYA PADLANERGI KODAVOOR POST MALPE, UDUPI TALUK UDUPI 576 108 3. SRI MOHAMMAD MATHIN S/O PACHA SAHEB AGED ABOUT 44 YEARS R/O ARIF MANZIL RESHMA TRAVELS GOWRIKERE, MOODABIDRI, MANGALORE TALUK 574 227 4. THE PRINCIPAL G M VIDYANIKETAN PUBLIC SCHOOL HARADI BRAHMAVARA- 576 213 5. THE UNITED INDIA INSURANCE CO LTD., BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE JEWEL PLAZA MARUTHI VEETHIKA OPP: SRI NIDHI NIDHI MEDICALS NEAR CHITTARANJAN CIRCLE UDUPI 576 108 ...RESPONDENTS (BY SMT. SWATHI G HEGDE, ADVOCATE FOR SRI. H PAVANA CHANDRA SHETTY, ADVOCATE FOR R1; SRI. VIJAYA PHANEENDRA T.B, ADVOCATE FOR - 6 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 SRI.A.N. KRISHNA SWAMY, ADVOCATE FOR R5; SRI. K PRASAD HEGDE, ADVOCATE FOR R4; R2, R3 SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED27.11.2013 PASSED IN MVC NO.729/2012 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF Rs.3,00,000/- WITH INTEREST @ 65 P.A. FROM THE DATE OF PETITION TILL DEPOSIT. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is absent. 2. Learned counsel for respondent No.1 in MFA No.1391/2014 has filed a copy of the judgment in MFA No.5591/2014, which was filed against the judgment and award in MVC No.729/2012 dated 27.11.2013, wherein the Insurance Company was held liable and directed to deposit the awarded amount within four weeks. 3. Relying upon the judgment of the Co-ordinate Bench of this Court in the case of Vasanath Bangera and - 7 - HC-KAR NC: 2025:KHC:36639 MFA No. 953 of 2015 C/W MFA No. 1390 of 2014 MFA No. 1391 of 2014 another Vs. Mohammed Mathin in MFA No.5591/2014, the learned counsel for respondent No.1 has submitted that present appeals are filed by the Insurance Company, are not maintainable as the liability has already been decided. 4. It is further stated that all these appeals arise out of the same accident, which occurred on 04.06.2012, it is also reported that learned counsel for the appellant is no more. In view of the judgment in MFA No.5591/2014, this Court finds no merits in the present appeals. Accordingly, the appeals are dismissed. 5. In MFA No.1391/2014, the Insurance Company is liable to deposit the compensation amount in accordance with the award. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 39