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2022 Supreme(Kar) 1052

SHANKAR GANAPATHI PANDIT, ANANT RAMANATH HEGDE
Balawwa – Appellant
Versus
Gadigeppa – Respondent


Advocates appeared:
Prashant S. Kadadevar, Advocate., for the Appellant; S.S. Koliwad, Advocate., for the Respondents
Cases Referred
Magma General Insurance Company Ltd., Vs. Nanu Ram and Others 2018 ACJ 2782
National Insurance Company Limited Vs. Pranay Sethi & Others AIR 2017 SC 5157

JUDGMENT

Shankar Ganapathi Pandit, J. - Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

2. The appellants/claimants are before this Court under Section 173(1) of the Motor Vehicles Act, 1988 (for short, 'Act') praying for enhancement of compensation, not being satisfied with the compensation awarded under judgment and award dated 28.02.2018 passed in MVC No. 512/2016 on the file of the learned Addl. Senior Civil Judge & Member, MACT-VI, Jamkhandi (for short, 'Tribunal').

3. The claimants, who are the mother and sister of deceased Bahubali filed a claim petition under Section 166 of the Act, 1988 seeking compensation for the accidental death of Bahubali that occurred on 02.11.2015 when he was traveling in Mahindra Pick up van due to the rash and negligent driving of the driver of said vehicle. It is stated that the deceased was a bachelor, aged 26 years as on the date of the accident, was working as a coolie and earning Rs. 20,000/- per month.

4. On issuance of notice, respondents No. 1 and 2 being t

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