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2017 Supreme(Kar) 1282

B.MANOHAR
Oriental Insurance Company Limited – Appellant
Versus
Mahaboob Ali Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri R. Rajagopalan
For the Respondent: Sri K.T. Gurudevaprasad

JUDGMENT :

B. Manohar, J.

These two appeals are filed by the Insurance Company as well as the claimant being aggrieved by the judgment and award dated 29.6.2011 passed in MVC No. 5716/2008 on the file of the XXI Additional Judge & Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short).

2. The Insurance Company being aggrieved by the judgment and award fastening the liability on them to compensate the claimant, whereas the claimant being not satisfied with the quantum of compensation awarded by the Tribunal hied MFA No. 393/2012 seeking enhancement of compensation. Hence, both the appeals clubbed together and disposed of by this common order.

3. The parties are referred to as in the Tribunal.

4. The appellant in MFA No. 393/2012 filed claim petition contending that on 19.6.2008 while he was proceeding in a motor cycle bearing Reg. No. KA-03/HA-389 on the left side of Murphy Road towards Kensington road and when he reached near Kensington road junction, a lorry bearing Reg. No. KA-19/1024 driven by its driver in a rash and negligent manner dashed against the claimant. Due to that, the claimant fell down and sustained grievous injuries. Immediately



















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