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2017 Supreme(Kar) 1630

VINEET KOTHARI, H.B.PRABHAKARA SASTRY
Divisional Manager – Appellant
Versus
Tousif Husenkhan Pathan – Respondent


Advocates Appeared:
For the Appellant :Sri. M.K. Soudagar, Advocate, Sri. Hanamant R. Latur, Advocate
For the Respondent:Sri Hanamant R. Latur, Advocate, Sri. M.K. Soudagar, Advocate

JUDGMENT :

H.B. Prabhakara Sastry, J.

The appellants have filed these appeals under Section 173(1) of the Motor Vehicles Act, challenging the judgment and award passed by the Court of Fast Track Court and Member, Addl. MACT, Dharwad (hereinafter referred to as 'the Tribunal', for short), in MVC No.231/2014 on 22-12-2014.

2. The appellant in MFA No. 100559/2015 has prayed for allowing the appeal by setting aside the judgment and award under appeal, whereas the appellant in MFA No. 101249/2015 has prayed for enhancement of the compensation by modifying the judgment and award under appeal.

3. In appellant in MFA No. 100559/2015, which is the Insurance Company, was the respondent No. 2 in the Tribunal below. The said appellant in the present appeal has contended that the Tribunal below has grossly erred in assessing the neurological disability of the claimant to the extent of 80%, in the absence of any disability certificate issued by the Neurologist or any evidence tendered before the MACT by the Neurologist with regard to the neurological disability. The Tribunal ought to have discar



























































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