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2013 Supreme(Kar) 681

N.K.PATIL, R.B.BUDIHAL
New India Assurance Co. Ltd. , Rep. by Divisional Manager – Appellant
Versus
Yousurf Basha and Smt. Alaveera Krishnappa – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Shri. R. Jai Prakash, Advocate in M.F.A. No. 685, 686 of 2009 (MV), Shri. A.M. Vijay for Shri. A. Mohan Ram, Advocate in M.F.A. No. 1090 of 2009 (MV) and Misc. Cvl. 2621 of 2009 and Smt. S. Susheela, Advocate in M.F.A. No. 1271 of 2010 (MV)
For Respondents/Defendant:Smt. S. Susheela, Advocate for R2 in M.F.A. No. 685 of 2009 (MV) and Shri. R. Jai Prakash, Advocate for R2 in M.F.A. Nos. 1090 of 2009 (MV), 1271 of 2010 (MV) and Misc. Cvl. 2621 of 2009

JUDGMENT

N.K. Patil, J.

1. M.F.A. Nos. 685/2009 and M.F.A. No. 686/2009 are by the New India Assurance Company Limited (hereinafter referred to as Insurer' for short); M.F.A. No. 1090/2009 is by the injured claimant; and M.F.A. No. 1271/2010 is by the minor claimant, aged about 7 years, represented by her grandmother. The Insurer has filed the two appeals against the common judgment and award dated 18th October 2008, passed in MVC Nos. 75/2004 & 84/2004, by the Civil Judge(Sr. Dn.) & JMFC, Motor Accident Claims Tribunal, Chinthamani, (for short, 'Tribunal'), seeking to modify the contributory negligence fixed on the Insurer and the rider of the Motor Cycle. The injured claimant in M.V.C. No. 84/2004 has filed the appeal, seeking enhancement of compensation, against the very same judgment and award, on the ground that the monthly income assessed by Tribunal is on the lower side and to modify the contributory negligence fixed in the ratio of 50:50; and the minor claimant in M.V.C. No. 75/2004, represented by her grandmother has filed the appeal, against the very same judgment and award, seeking enhancement of compensation and also to modify the contributory negligence fixed by the Trib











































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