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2021 Supreme(Kar) 286

KRISHNA S.DIXIT, PRADEEP SINGH YERUR
Veerabhadraiah Swamy, S/o Shivamurthy Swamy – Appellant
Versus
N. Virupakshi @ Virupakshappa N. , S/o late Anjinappa – Respondent


Advocates Appeared:
For the Appellant :Sri. Y.Lakshmikant Reddy, Advocate
For the Respondent: Sri. S.V.Yaji, Adv.

JUDGMENT :

This appeal by the claimant calls in question the Judgment & Award dated 03.03.2017 entered by the MACTII, Ballari, whereby his claim in MVC No.64/2015 having been marginally favoured a compensation of Rs.20,000/- has been awarded with interest at the rate of 7% per annum; the appeal is founded on the ground of inadequacy of compensation.

2. After service of notice, the respondent-insurer having entered appearance through its panel counsel resists the appeal making submission in justification of the impugned award and the reasons on which it is structured inter alia contending that the very claim for compensation is fraudulent and therefore, this appeal deserves dismissal with exemplary costs; he further contends that since only a small sum of Rs.20,000/-is awarded by the MACT, no appeal is filed by the insurer, the game being not worth the candle.

3. Brief facts,

    (a) The vehicular accident allegedly happened on 30.08.2014 at around 7.30 a.m. on Kudithini Ananthpur Road in Sandur Taluka of Ballari District; the claimant whilst riding his motorcycle bearing Registration No.KA-34/W-8978 having been dashed down by the offending motorcycle bearing Registration No.KA-34/U-1161, s

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