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2023 Supreme(Kar) 526

MOHAMMAD NAWAZ, RAJESH RAI K
Shivamma W/o Late Ayyanna – Appellant
Versus
Govindu Malothu S/o Gopya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. SHARANAGOWDA V PATIL, ADVOCATE
For the Respondent: SMT. PREETI PATIL ADV.

JUDGMENT :

This appeal is preferred by the claimants being aggrieved by the inadequate compensation awarded by the Tribunal and thereby seeking enhancement of compensation.

2. We have heard the learned counsel for the appellants and the learned counsel appearing for respondent No.2/insurance company and perused the Trial Court records.

3. The appellants are the claimants in MVC No.500/2017 on the file of the Court of Motor Accident Claims Tribunal at Raichur (Tribunal for short). They have sought for a total compensation of Rs.54,50,000/for the death of Huliraj son of appellant No.1 and 2 and brother of appellant No.3.

4. It is the case of the claimants that on 10.11.2017 at about 4.30 p.m., the deceased was proceeding on a motorcycle bearing Reg.No.KA36/S3889 along with a pillion and near Yermarus towards Micro tower byepass, in front of Madhav Cotton Mill, a Mahindra Bolero vehicle bearing Reg.No.TS05/UB6104, driven by its driver in a rash and negligent manner and with a high speed came from opposite direction in a zigzag manner and to the wrong side of the road so as to endanger human life. The driver of the said vehicle lost control of the vehicle and hit against the motorcycle, as

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