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2024 Supreme(Kar) 109

VIJAYKUMAR A. PATIL
Divisional Manager, National Insurance Company Limited – Appellant
Versus
Basappa S/o. Kalappa Iragar – Respondent


Advocates:
Advocate Appeared:
For the Parties :SRI. RAJASHEKHAR S. ARANI, SMT. SUNANDA P. PATIL, ADVOCATE

JUDGMENT :

These appeals are directed against common judgment and award dated 6.5.2019 passed in MVC Nos.921 and 922 of 2017 on the file of learned Senior Civil Judge and Addl. MACT, Hukkeri (for short, ‘Tribunal’).

2. MFA No.104084/2019 is filed by the insurance company challenging the liability as well as quantum of compensation awarded by the Tribunal in MVC No.921/2017, whereas the claimants have filed MFA No.101019/2020 seeking enhancement of compensation for the accidental death of Sri.Suresh.

3. MFA No.104085/2019 is filed by the insurance company challenging the liability as well as quantum of compensation awarded by the Tribunal in MVC No.922/2017, whereas the injured/claimant has filed MFA No.101020/2020 seeking enhancement of compensation for the accidental injuries sustained by him.

4. Brief facts leading to filing of these appeals are that on 11.02.2017 at about 13.00 hours, Suresh Iragar (deceased in MVC No.921/2017) was proceeding on motorcycle bearing registration No.KA-36/EJ-7712 from Raxi towards Hukkeri side, along with his friend Ravindra, pillion rider (injured in MVC No.922/2017). When they came near Kyaragudda on Ghataprabha-Hukkeri road, one Mahindra CRDI vehicl

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