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2020 Supreme(Kar) 857

S.G.PANDIT, V.SRISHANANDA
Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
Rudrappa – Respondent


Advocates Appeared:
N.R. Kuppelur, Advocate, Santosh B Rawoot, Advocate, G.I. Gachchinamath, Advocate

JUDGMENT

V. Srishananda, J. - Both these appeals are arising out of one and the same judgment and award dated 19th June 2017, passed by the Motor Accident Claims Tribunal-XIV, Mudhol (for short 'the Tribunal') in MVC No.420/2015.

2. Mfa No.103551 of 2017 is filed by the appellant-Insurance Company questioning the quantum of compensation awarded by the tribunal and MFA No100617 of 2018 is filed by the appellants-claimants seeking enhancement of compensation.

3. For the sake of convenience, the parties would be referred to as per their ranking before the tribunal.

4. The brief facts of the case, which are necessary for disposal of these appeals are as under: A claim petition came to be filed under Section 166 of the M.V. Act, claiming compensation of Rs.56,50,000/- alleging that on 13.10.2014 at about 7:15 p.m. one Manjunath @ Manju S/o.Rudrappa Tigadi was proceeding on a motorcycle bearing No.KA-48/R- 8899 from Tigadi Village to Mudhol via Yaragatti- Lokapur. When he came near Mallapur village cross on Yaragatti-Lokapur PWD Road, a car bearing No.KA-48/M-3703 was coming from the hind side of the motorcycle, the driver of the car over took the motorcycle in a rash and negligent manner

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