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2014 Supreme(Kar) 312

N.K.PATIL, PRADEEP D.WAINGANKAR
Managing Director – Appellant
Versus
S. K. Syed Zabiulla – Respondent


Advocates appeared:
For the Appearing Parties:H.K. Satheesh, B. Purandara for BPDS Associates, Suresh. M. Latur, Advocates.

Judgment :

1. Though these appeals are posted for Admission, they are taken up for final disposal, with the consent of the learned counsel appearing for the parties.

2. These two appeals respectively by the State Express Transport Corporation (TN) Limited and the injured claimant are directed against the same judgment and award dated 30th September 2009, passed in MVC No. 1657/2002, by the XIX Additional Small Cause Judge & Motor Accident Claims Tribunal, Bangalore (SCCH-17), (for short, 'Tribunal').

3. While the State Express Transport Corporation has filed the appeal, on the ground that, the Tribunal is not justified in directing it and also the M.G.R. Transport Corporation to jointly indemnify the award and that the second respondent/MGR Transport Corporation alone is liable to indemnify the award; the injured claimant has filed the appeal on the ground that the compensation awarded by Tribunal is on the lower side and needs to be enhanced and thus, both have sought for modification of the impugned judgment and award passed by Tribunal.

4. The facts in brief are that, the injured claimant claims to be aged about 50 years, at the time of accident, doing scrap motors business, ea


























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