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2025 Supreme(Kar) 971

IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
SHIVASHANKAR AMARANNAVAR
Shobhavati W/o Late Veerupakshayya – Appellant
Versus
H.N. Roadlines Plot – Respondent


Advocates Appeared:
For the Appellants : Vaishnavi Chanda, Veerani V. Nandi, Ravi B. Patil
For the Respondent: S.S. Aspalli

JUDGMENT :

SHIVASHANKAR AMARANNAVAR, J.

1. Though these appeals are listed for admission, with the consent of learned counsel for both sides, they are taken up together for final disposal. MFA No.203090/2023 is filed by the claimants seeking enhancement of compensation. MFA No.204311/2023 is filed by the Insurance Company challenging the extent of its liability to pay the compensation amount as awarded in the judgment and award dated 12.04.2023 passed in MVC No.403/2022 by the Addl. Senior Civil Judge & MACT, Bidar (for short ‘the Tribunal’).

2. The brief facts leading to filing of claim petition are that, on 24.05.2022 the deceased was proceeding towards Meenkera to his land on his motorcycle bearing No.AP-12/G-9716 on Meenkera Chindholi road in a normal speed, at about 6:30 to 7:00 in between near Mallikarjun Tonte land, a lorry bearing No.KA-332/AA-1272 owned by respondent No.1 driven by its driver in a high speed, in a rash and negligent manner and in zig-zag manner dashed to the motorcycle of the deceased. As a result, the deceased fell down and sustained injuries and died on the spot. The claimants being wife and son of the deceased filed claim petition seeking compensation. The

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