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2022 Supreme(Kar) 243

SREENIVAS HARISH KUMAR, S.RACHAIAH
Dyamawwa W/o Tippanna Kenchannavar – Appellant
Versus
Lalsab S/o Yamanursab Nadaf – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Harshavardhan R. Malipatil, Advocate
For the Respondent:Sri Manvendra Reddy, Advocate

JUDGMENT :

S. RACHAIAH, J.

This appeal is filed by the claimant seeking enhancement of compensation as against the judgment and award dated 13.09.2017 in MVC No.466/2016 on the file of the IV Additional District Judge and MACT-XIII, Vijayapur.

2. It is the case of the claimant that on 05.01.2016, at about 07-00 p.m., the deceased was proceeding towards his land on a motorcycle bearing registration No.KA-29-R-8217 on the Ugalawat-Mustigeri road slowly with caution. A Tum Tum vehicle bearing No.KA-29-A-8409 came from Ugalawat road towards Mustigeri dashed the motorcycle of the deceased. Consequently, he sustained injuries and died on the way to the hospital.

3. A complaint was filed by the brother of the deceased on 05.01.2016. The case was registered in Crime No.3/2016 against the driver of the Tum Tum vehicle and after investigation, chargesheet was filed.

4. P.W.1 being the mother of deceased Manjunath filed a claim petition before the Tribunal seeking compensation. The Tribunal awarded a sum of Rs.9,41,000/-with interest at 9% p.a. The claimant being not satisfied with the award p

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