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2021 Supreme(Kar) 527

ALOK ARADHE, M. G. S. KAMAL
Raju @ Rajegowda S/O Kalegowda – Appellant
Versus
Manager United India Insurance Co. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. K. Shantharaj, ADV.,
For the Respondent: MR. B.C. Seetharama Rao, ADV., FOR MR. FAYAZ SAB B.G. ADV

JUDGMENT :

1. M.F.A. No. 8807/2015 has been filed by the claimants seeking enhancement of the amount of compensation, whereas M.F.A. No. 25/2015 has been filed by the insurance company being aggrieved, by the judgment dated 27.05.2016 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both the appeals preferred under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) arise out of the same accident as well as same judgment passed by the Tribunal, they were heard together and are being decided by this common judgment.

2. Facts giving rise to the filing of the appeal briefly stated are that on 26.06.2011, the deceased Naveen R was proceeding as a pillion rider in a motorcycle bearing registration No.MP-04-MR-8901. When he reached near Mandal Tyre Shop, JK Road, Bhopal, a truck bearing Registration No. MP-04-HB-2376 (hereinafter referred to as 'the offending vehicle' for short), which was being driven by its driver in a rash and negligent manner, dashed against the motorcycle in which the deceased was traveling. As a result of the aforesaid accident, the deceased sustained grievous injur

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