- 1 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 9536 OF 2012 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 9872 OF 2011 IN MFA No. 9536/2012: BETWEEN: 1. ISIDHORE MASCARENHAS AGED ABOUT 56 YEARS, S/O LATE AUGUSTINE MASCARENHAS 2. JACINTHA MASCARENHAS AGED ABOUT 52 YEARS, W/O ISIDHORE MASCARENHAS BOTH ARE R/AT ASHIRVAD HOUSE, NEAR SACRED HEART CONVENT, SHANKARAPURA VILLAGE AND POST, UDUPI TALUK …APPELLANTS (BY SMT. HALEEMA AMEEN, ADVOCATE FOR SRI. ASHOK KUMAR SHETTY K., ADVOCATE) AND: 1. P M NARAYANA AGED ABOUT 47 YEARS, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 S/O LATE. SUBBA POOJARY, M/S. NISHMITHA MOTORS, NEAR BUS STAND, MAIN ROAD, MOODABIDRI, MANGALORE TALUK 2. THE DIVISIONAL MANAGER THE NATIONAL INSURANCE CO.LTD DIVISIONAL OFFICE, UDUPI …RESPONDENTS (BY SRI. A N KRISHNASWAMY, ADVOCATE FOR R-2; VIDE ORDER DATED:5/12/2013, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.07.2011 PASSED IN MVC NO.1393/2008 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, UDUPI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 9872/2011: BETWEEN: 1. DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. DIVISIONAL OFFICE, UDUPI, NOW REP BY ITS REGIONAL MANAGER NATIONAL INSURANCE CO LTD, REGIONAL OFFICER, SUBHARAM COMPLEX, 144 M G ROAD, BANGALORE-560001. ..APPELLANT (BY SRI. A N KRISHNA SWAMY., ADVOCATE) AND: 1. ISIDHORE MASCARENHAS S/O LATE AUGUSTINE MASCARENHAS AGED ABOUT 55 2. SMT JACINTHA MASCARENHAS - 3 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 W/O ISIDHORE MASCARENHAS AGED ABOUT 51 YEARS BOTH ARE R/O ASHIRVAD HOUSE, NEAR SACRED HEART CONVENT, SHANKARAPURA VILLAGE & POST, UDUPI TALUK 3. P M NARAYANA S/O LATE SUBBA POOJARY AGED ABOUT 46 YEARS M/S NISHMITHA MOTORS, NEAR BUS STAND MAIN ROAD, MOODABIDRI, MANGALORE TALUK. ...RESPONDENTS (BY MS. PRASANNA.K, ADVOCATE FOR SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R-3; VIDE ORDER DATED;28.10.2015, NOTICE TO R-1 & R-2 PAPER PUBLICATION IS ACCEPTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.07.2011 PASSED IN MVC NO.1393/2008 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, UDUPI, AWARDING A COMPENSATION OF Rs.3,08,500/- WITH INTEREST FROM THE DATE OF PETITION TILL REALIZATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) 1. Heard learned counsel for the appellants and learned counsel for the respondents. - 4 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 2. The appellants - claimants have filed this appeal in MFA.No.9536/2012 arising out of the impugned judgment and award dated 29.07.2011 passed in MVC.No.1393/2008 by the Additional Senior Civil Judge & MACT, Udupi (for short 'Tribunal') for enhancement of compensation. 3. We have perused the judgment and award passed by the Co-ordinate bench in MFA.No.9536/2012 on 05.12.2013 wherein the Co-ordinate bench allowed the appeal in part and the award passed by the Tribunal was modified by awarding compensation of Rs.2,02,667/- with interest at 6% p.a., from the date of petition till the date of realization excluding 326 days delay in filing the appeal and directed respondent No.2 - the insurer to deposit the entire compensation. 4. In view of the disposal of the appeal on 05.12.2013, the present appeal does not survive for consideration. Hence, the appeal is disposed off. 5. The appellant - Insurance Company has filed this appeal in MFA.No.9872/2011 challenging the judgment and - 5 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 award passed by the Tribunal in MVC.No.1393/2008 dated 29.07.2011 passed by the Tribunal on the ground of liability. 6. We have perused the judgment and award passed by the learned Single Judge in MFA.No.9870/2011 and other connected matters disposed off on 17.11.2022, wherein at Para 10 of the judgment, the learned Single Judge observed as under: " There is no error in the finding of the Tribunal in fastening the liability on the Insurance Company and directing the Insurance Company to pay the compensation to the claimants." 7. Further, the learned Single Judge in MFA.No.4594/2011 and connected matters arising out of the same accident, disposed off on 02.03.2023 fastening the liability on the Insurance Company to pay the entire compensation to the claimants. 8. In view of the finding given by the learned Single Judge in both the appeals, the appellant - Insurance Company is directed to pay the entire compensation awarded by the Tribunal in favour of the claimants - respondents. - 6 - HC-KAR NC: 2025:KHC:32325-DB MFA No. 9536 of 2012 C/W MFA No. 9872 of 2011 9. Hence, nothing remains for consideration in this appeal. Accordingly, the appeal filed by the appellant - Insurance Company is dismissed. 10. The judgment and award passed by the Tribunal is hereby confirmed. 11. The amount in deposit shall be transmitted to the Tribunal. In view of the disposal of the appeal, all pending interlocutory applications, if any, shall stand disposed off. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE DHA List No.: 1 Sl No.: 29