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2010 Supreme(Kar) 336

N.K.PATIL, H.S.KEMPANNA
Subhash – Appellant
Versus
New India Assurance Co. Ltd. , represented by its Manager – Respondent


Advocates Appeared:
For the Petitioners:D.L. Suresh, S.K. Shantha, K.J. Arun Kumar, Advocates.
For the Respondents:R1 - G. Narayana Rao, R3 - G. Gopalakrishna, Advocates.

Judgment :-

1. These two appeals by the claimant and Insurance Company respectively, are directed against the same judgment and award dated 26th March 2005 passed in MVC No.804/2000 on the file of the Member, Motor Accident Claims Tribunal-V, Additional Judge, Court of Small Causes, Bangalore City (for short, ‘Tribunal’). The claimant has come up in appeal seeking enhancement of compensation, on the ground that, the compensation of Rs.2,73,595/- awarded in his favour as against his claim for Rs.12,00,000/-, is inadequate and the Insurance Company has come up in appeal, seeking reduction of compensation on the ground that, the Tribunal is not justified in awarding compensation towards loss of future income.

2. The facts in brief are that, the claimant was aged about 36 years at the time of accident and was working as ‘Conductor’ in BMTC. That on 30-11-1996, at about 8.00 A.M., when he was crossing the road from East to West direction, slowly and cautiously, at that time, a Tempo bearing Registration No.KA-02/A-3906 came from North to South direction, in a rash and negligent manner and dashed against the claimant. As a result of the same, he fell down and sustained lacerated wound ov
























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