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2022 Supreme(Kar) 188

P. KRISHNA BHAT
Priyanka Pradeep Gavade – Appellant
Versus
Divisional Manager, The New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Sri. Vitthal S. Teli.
For the Respondent: Sri. M.Y. Katagi.

JUDGMENT :

This appeal is at the instance of the claimant seeking enhancement of compensation awarded by the learned II Additional Senior Civil Judge and Additional M.A.C.T., Belgaum (for short “the Tribunal”) by its judgment and award dated 16.09.2010 in MVC No.161/2007.

2. The brief facts are that on 24.10.2006 at about 4.45 p.m., while minor claimant, aged about 7 years, was proceeding by the side of the road of Kudal to Peth, a goods vehicle bearing registration No.MH-07/5577 being driven by its driver in rash and negligent manner and in high speed, came and dashed against the minor claimant and dragged her for a distance of about 20 feet causing her grievous injuries.

3. On the claim petition being filed, the respondent No.1-owner of the vehicle remained ex-parte. The Insurance Company resisted the claim petition by filing its statement of objections.

4. During Trial, the mother of the claimant was examined as PW1 and a specialist doctor was examined as PW2. Exs.P1 to P.14 were marked. The respondents did not examine any witnesses but the policy of insurance was marked as Ex.R

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