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2020 Supreme(Kar) 104

K.N.PHANEENDRA, PRADEEP SINGH YERUR
Mallikarjun S/o Yallappa Jogannavar – Appellant
Versus
Umesh M. S/o Murthy K. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Sanjay S. Katageri, Advocate
For the Respondent:Sri. Ravindra R. Mane, Advocate

JUDGMENT :

K.N. PHANEENDRA, J.

In M.F.A.No.104894/2019 the claimants and in M.F.A.No.103864/2018 the Insurance Company have called in question the judgment and award dated 03.08.2018 passed in MVC No.625/2016 by the IV Additional Senior Civil Judge and Additional M.A.C.T., Dharwad (“Tribunal” for short). The claimants/appellants in M.F.A.Nos.104894/2019 have filed this appeal seeking enhancement of the compensation on various grounds, particularly with reference to loss of dependency by the Tribunal.

2. The brief facts of the case which are not much in dispute in this case are that :

On 28.04.2016 at about 9.30 a.m., the son of the deceased Saisagar Mallikarjun Jogannavar while proceeding on a motor cycle as a pillion rider along with his friend by name Clinton L., who was riding the said vehicle bearing Registration No.KA-06/ES-623, near Amalapur gate, a Tata Indica Car bearing Registration No.KA-64/1237, driven by its driver in a high speed and in a rash and negligent manner came from the opposite direction and tried to over take the car which was moving ahead of it and dashed the motor cycle on which the deceased and his friend was traveling the motor cycle and the deceased met with

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