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2023 Supreme(Kar) 309

S. G. PANDIT, VIJAYKUMAR A. PATIL
Divisional Manager, The New India Assurance Co. Ltd. , Rep. By Duly Constituted Authority – Appellant
Versus
Vilas, S/o. Bhagawan Kamble – Respondent


Advocates Appeared:
For the Appellant : Sri. M. K. Soudagar.
For the Respondents: Sri. Vitthal S. Teli, Sri. Satosh B. Rawoot.

JUDGMENT :

M.F.A.No.101415/2019 is filed by the New India Assurance Co. Ltd., challenging the liability as well as the quantum of compensation. M.F.A.No.102280/2019 is filed by Sri Vilas, injured claimant seeking for enhancement of compensation. These appeals are arising out of the impugned judgment and award dated 25.01.2019 passed by III Adl. Senior Civil Judge and Addl. MACT, Belagavi in M.V.C.No.1317/2017.

2. Brief facts giving raise to the filing of these appeals are that the appellant/claimant has filed claim petition under Section 166 of Motor Vehicle Act, 1988 seeking compensation for the injuries suffered by him in the road accident taken place on 11.05.2017. It is averred that the appellant injured on 11.05.2017 at about 11.45 p.m. had parked his truck bearing registration No.MH-43/U-1431 by the side of NH-4 near KLE Bye Pass Road, Belagavi applying parking lights and he was standing in front of his truck. At that time, one Ashok Leyland goods carrier vehicle bearing registration NO.MH-12/NX-19008 came from rear side in a rash and negligent manner and dashed his truck. Due

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