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2025 Supreme(Kar) 239

IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
RAVI V.HOSMANI
Ninganna @ Ningappa Mallappa Makannavar – Appellant
Versus
Murtuj Hussainsab Nayakodi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Koujalagi Chandrakant Laxman
For the Respondent: Preeti Patil Melkundi

JUDGMENT :

RAVI V. HOSMANI, J.

1. Though matter is listed for admission, with consent of learned counsel appearing for parties, it is taken up for final disposal.

2. Challenging common judgment and award dated 02.07.2021 passed by IV Additional Senior Civil Judge and MACT-XV (‘tribunal’ for short) Vijayapur, in MVCs no.331/2019 and 332/2019, these appeals are filed.

3. Sri Koujalagi Chandrakant Laxman, learned counsel submitted, appeals were by claimants for enhancement of compensation. It was submitted on 04.02.2019 at about 3:30 p.m. when claimants were proceeding on motorcycle bearing no.KA-33/V-4338 on Kalakeri-Sindagi road, near Byakod Primary School, driver of Jeep bearing no.KA-28/N-5028 drove same in rash and negligent manner and dashed against motorcycle causing accident. In accident, claimants sustained grievous injuries and despite taking treatment, they sustained permanent physical disability/loss of earning capacity. Therefore filed claim petition against owner and insurer of Jeep under Section 166 of MV Act.

4. On contest, wherein owner-insurer appeared and filed objections admitting accident and stating that Jeep was insured and policy was in force as on date of acciden

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