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2007 Supreme(SC) 1185

ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Syed Ibrahim – Respondent


judgment

Dr. ARIJIT PASAYAT, J. —

1.Leave granted.

2.Challenge in these appeals is to the order passed by a learned Single Judge of the Karnataka High Court. Appeal was preferred before the High Court questioning correctness of the judgment and Award dated 18.01.2000 passed by the Motor Accidents Claims Tribunal, Shimoga (in short the ‘Tribunal’). The owner of lorry bearing registration No.MYJ-6666 had filed an appeal questioning correctness of the order passed by the Tribunal fixing the liability on him to pay compensation awarded. A cross-objection was filed by the complainants questioning the correctness of the compensation granted. The claim petition related to an accident which occurred on 20.11.1994 when a child aged seven years, who was the son of claimants, had lost his life. The claimants had filed the cross objections for enhancement of the compensation. Considering the materials on record, the Tribunal awarded a sum of Rs.51,500/- as compensation. The High Court by the impugned order enhanced the sum to Rs.1,52,000/-. The appellant (hereinafter referred to as the ‘insurer’) was directed to indemnify the award. Insurer’s stand before the Tribunal and the High Court was that












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