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2023 Supreme(Kar) 131

SREENIVAS HARISH KUMAR, T. G. SHIVASHANKARE GOWDA
Branch Manager, The New India Assurance Co. Ltd. – Appellant
Versus
Mallamma W/o. Yashawant Dafale – Respondent


Advocates Appeared:
For the Appellant : Sri S.S. Aspalli.
For the Respondent: Sri. Basavaraj R. Math.

JUDGMENT :

In these appeals, the appellants have challenged the judgment dated 16.11.2018 passed in M.V.C.No.1772/2016 on the file of the III Additional Senior Civil Judge and Motor Accident Claims Tribunal No.XII, Vijaypur (hereinafter referred to as 'Tribunal' for short).

2. M.F.A.No.200165/2019 is filed by the Insurance Company. M.F.A.No.201674/2019 is by the petitioners claiming enhancement of compensation.

3. The parties will be referred with respect to their status before the Tribunal for the sake of convenience.

4. Briefly stated the facts are that, the petitioner No.1 is the wife, petitioner No.2, 3 and 4 are the children of Yashawant Dafale, the deceased. On 21.10.2016, as a pillion rider of a motor cycle bearing No.MH-13/CG-9355, the deceased met with an accident, sustained fatal injuries and succumbed to said injuries on the next day.

5. The petitioners approached the Tribunal claiming compensation of Rs.57,00,000/-. The claim was opposed by the Insurance Company. The Tribunal awarded compensation of Rs.35,61,000/-. Pleading inadequacy of compensation, the petitioners are before this Court whereas, the Insurance Company contending that the principle of 'split multiplier' ough

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