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2018 Supreme(Kar) 1083

KRISHNA S.DIXIT
Master Mohammed Muheeb U H, S/o Ibrahim – Appellant
Versus
B A Khader, S/o Aliyabba – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri.Guruprasad B.R., Advocate.
For the Respondent:Sri.R.Rajagopalan, Advocate

JUDGMENT :

1. These appeals by the Claimants lay a challenge to the judgment and awards dated 09.07.2012 made by the MACTIV, Mangaluru, allowing M.V.C.No.617/2008 of the 1st appellant and M.V.C.No.53/2009 of the 2nd minor appellant whereby, a compensation of Rs.3,46,200/- in the former and another compensation of Rs.1,39,000/- in the later, both with interest at the rate of 6 % per annum, have been awarded, subject to a usual condition of bank deposit. The challenge is on the ground of inadequacy of compensation.

2. The brief facts stated are :

(a) On 19.11.2007, accident involving rash and negligent driving of the offending vehicle Mahindra Pick up Van bearing Registration No.KA-19B-7998 happened; this resulted into both the appellant-Claimants sustaining grievous injuries. Their claim petitions in M.V.C.No.617/2008 and M.V.C.No.53/2009 were stoutly resisted by the Insurer by filing Written Statement.

(b) To prove the claim, the Claimant in M.V.C.No.617/2008 Mr.Althaf TM was examined as PW.1; Dr.Ghanashyam Kamath who had treated the said Claimant, was examined as PW.2; the alleged













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