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2019 Supreme(Kar) 1105

K.SOMASHEKAR
Branch Manager New India Assurance Co. Ltd. – Appellant
Versus
S. K. Rasheed – Respondent


Advocates Appeared:
O. Mahesh, Adv., M.S. Rajendraprasad, Adv., N. Manjunath, Adv., Keshava K, Adv.

JUDGMENT :

K. Somashekar, J.

1. Since both the appeals arise out of the same judgment and award rendered by the Tribunal, they are heard together and are finally disposed of by this order.

2. The appeal in MFA.No.8807/2010 is filed by the appellant Insurer - New India Assurance Company Limited challenging the quantum of compensation awarded by the Tribunal as well as the liability. MFA Crob. 156/2010 is filed by the claimant - cross-objector who is the injured, seeking enhancement of the compensation awarded by the Tribunal by its impugned order dated 05.05.2010 in MVC No.24/2009. By the said order, the Tribunal has awarded compensation in a sum of Rs.2,10,000/- to the claimant - injured.

3. Heard the learned counsel for the claimant - Cross-objector in MFA Crob.No.156/2010 as well as the learned counsel for the appellant - Insurer in MFA No.8807/2010 and perused the impugned judgment as well as the material on record.

4. The factual matrix is that on 1.6.2009 at about 7.40 a.m. when the injured was proceeding on a motor cycle bearing No.KA-07/Q/851 towards KGF from Bangarpet, when

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