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2021 Supreme(Kar) 136

S.SUJATHA, SACHIN SHANKAR MAGADUM
Divisional Manager M/S. The Oriental Insurance Company Limited – Appellant
Versus
Rayan Fernandes S/O Felix Fernandes – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. B.S. Umesh, Advocate
For the Respondent:Sri. Umesh Mulimani, Advocate For Sri. S.V. Prakash, Advocate

JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

The captioned appeals are directed against the judgment and award dated 8.7.2010 passed in MVC.No.230/2010 by the Principal District Judge and Member, MACT, Udupi. MFA.No.7279/2016 is filed by the Insurance Company questioning false implication of the rider of the bike by the first respondent-claimant with the connivance of the second respondent-owner of the bike, whereas the claimant has referred MFA.No.7110/2016 seeking enhancement.

2. For the sake of convenience, the parties are referred to as per their rank before the Tribunal.

3. The facts leading to the filing of the above appeals are as under:

The claimant filed a claim petition claiming compensation of Rs.51 lakhs with interest at 12% p.a. The claimant specifically contended in the claim petition that on 24.9.2008 at about 10.15 p.m., he was walking by the side of the road and when he reached Bhajanakatte-Bommarabettu, Udupi Taluk, a motor cycle bearing Regn.No.KA-20/V-1137 came from the hind side in a rash and negligent manner to the extreme side of the road and dashed against the cement drain and thereafter dashed against him, as a result of the same claimant fell down and sustained grievo

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