FIRST APPEAL 77 of 2020 on 30 December 2016

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20[TH] DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR. JUSTICE C.M. POONACHA

MFA CROSS OBJECTION NO. 77 OF 2020

IN

MISCELLANEOUS FIRST APPEAL NO.3867/2017

BETWEEN:

MASTER VISMAY AGED ABOUT 17 YEARS S/O SRI VINOY LUKOSE RESIDENT OF C/O HARISH KANCHAN RAMAKRISHNA SADANA NEAR ALKHAZRA COMPLEX, 80, BADAGUBETTU, RAJEEVA NAGARA, MANIPAL, UDUPI TALUK.

..CROSS OBJECTOR

(BY SRI. NATARAJA BALLAL, YASHODAR SHETTY, ADVOCATES)

AND:

1 . THE CLAIM MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,OFF: ASHOK PLAZA, 2[ND] FLOOR, NEXT TO WEIKFIELD COMPANY 32/2, NAGAR ROAD, PUNE. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,OFF: ASHOK PLAZA, 2[ND] FLOOR, NEXT TO WEIKFIELD COMPANY 32/2, NAGAR ROAD, PUNE.

2 . SRI DOTTAYYA POOJARY AGED ABOUT 56 YEARS S/O CHENNA POOJARY R/A MOIDINAPURA, SHIROOR VILLAGE, KUNDAPURA TALUK. AGED ABOUT 56 YEARS S/O CHENNA POOJARY R/A MOIDINAPURA, SHIROOR VILLAGE, KUNDAPURA TALUK.

MFA Crob. No.77/2020 in 2MFA No.3867/2017

----------------------------

3 . THE NATIONAL INSURANCE CO. LTD., KUNDAPURA BRANCH. REP. BY ITS DIVISIONAL MANAGER. KUNDAPURA BRANCH. REP. BY ITS DIVISIONAL MANAGER.

4 . SRI ANANDA POOJARY AGED ABOUT 38 YEARS S/O SHANKAR POOJARY R/A MOIDINAPURA SHIROOR VILLAGE, KUNDAPURA TALUK. AGED ABOUT 38 YEARS S/O SHANKAR POOJARY R/A MOIDINAPURA SHIROOR VILLAGE, KUNDAPURA TALUK.

..RESPONDENTS

This Miscellaneous First Appeal Cross Objection filed U/O. 41 Rule 22 R/W Sec.173(1) of MV Act, against the Judgment and Award dated 30.12.2016 passed in MVC No.1390/2009 on the file of the ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI partly allowing the claim petition for compensation and seeking enhancement of compensation.

This Miscellaneous First Appeal Cross Objection is coming on for Orders this day, the Court made the following: