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2021 Supreme(Kar) 564

ASHOK G.NIJAGANNAVAR
Rihanabanu – Appellant
Versus
Gangappa D. Rahut – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.M. Khannur and Nagaraj C. Kolloori, Advs.
For the Respondent: Nagaraj C. Kolloori, P.R. Bentur and Madanmohan M. Khannur, Advs.

JUDGMENT :

ASHOK G. NIJAGANNAVAR, J.

1. Though these appeals are listed for admission, with the consent of the learned counsel for the parties, arguments are heard for final disposal.

2. MFA No. 25046/2012 is filed by the legal representatives of deceased victim, while MFA No. 20593/2012 is filed by the insurance company. Both are assailing the judgment and award dated 03.03.2011 passed by the Senior Civil Judge and Additional MACT, Bailhongal in MVC No. 2608/2007.

3. At this stage it may be stated that both the insurance company has assailed on the question of quantum of liability, while the claimants have sought for enhancement of compensation.

4. For the sake of convenience, the parties are referred in terms of their status and ranking before the tribunal.

5. The facts briefly stated are that on 30.04.2007 evening at about 6.00 p.m. when the deceased-victim Noorahammad Sutagatti was travailing as a pillion rider on motorcycle bearing registration No. KA-25/W-221 on Kittur Bailur road near KRCR school, a Tata Goods vehicle No. KA-24/3871 came in rash and negligent manner and dashed

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