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2024 Supreme(SC) 658

SUDHANSHU DHULIA, R. MAHADEVAN
Rahul – Appellant
Versus
National Insurance Company Ltd – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Manjunath Meled, Adv. Mrs. Vijayalaxmi Meled, Adv. Mr. Ganesh Kumar R., AOR Mr. Sandeep Sharma, Adv.
For the Respondent(s): Mr. Manu Luv Shahalia, Adv. Ms. Manjeet Chawla, AOR Mrs. Usha Pant Kukreti, Adv.

JUDGMENT :

R. MAHADEVAN, J.

1. Delay condoned.

2. Leave granted.

3. In the present case, the appellant challenges the final judgment dated 13.11.2018 passed by the High Court of Karnataka, Dharwad Bench, (hereinafter shortly referred to as “the High Court”) thereby partly allowing MFA No. 103118/2014 (MV) filed by the Respondent No. 1 (hereinafter referred to as “the insurance company”).

4. Originally, the appellant filed a claim petition in MAC No. 1587 of 2013 before the Senior Civil Judge & MACT at Raibag (hereinafter shortly referred to as “the Tribunal”) seeking a compensation of Rs.20,00,000/- for the injuries sustained by him in a motor accident that had occurred on 27.01.2013, while he was travelling as a pillion rider in the motor cycle bearing registration No. KA-23/EC-6369 insured with the insurance company. Based on the oral and documentary evidence, the Tribunal awarded a sum of Rs.5,38,872/- along with interest at 6% p.a. from the date of petition till deposit, as compensation payable to the appellant, after taking into account the disability sustained by him at 25%. Aggrieved by the same, the insurance company filed an appeal in MFA No. 103118 of 2014 (MV) before the High

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