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2025 Supreme(Kar) 1301

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, VENKATESH NAIK T.
Krishnappa @ Krishna S/o Munivenkatappa @ Munibairappa – Appellant
Versus
Divisional Manager New India Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant : Gurudeva Prasad K.T.
For the Respondent: C.R. Ravishankar

JUDGMENT :

VENKATESH NAIK T., J.

1. Heard learned counsel for the appellants/claimants and learned counsel for respondent-Insurance company.

These appeals are filed by the claimants for enhancement of compensation being aggrieved by the judgment and award dated 24.10.2017 passed in MVC No.2422/2016 and MVC No.5157/2016 by learned XXII Addl. Small Causes Judge and XX Addl. Chief Metropolitan Magistrate & M.A.C.T., Bengaluru (for short 'Tribunal'), whereby, the Tribunal granted a compensation of Rs.16,75,000/- (in MVC No.2422/2016) and Rs.15,03,000 (MVC No.5157/2016) respectively.

Since, both the appeals are arising out of common judgment and award passed by the Tribunal, they are disposed of by common judgment.

2. For the sake of convenience, parties are referred to as they are referred to in the claim petition before the Tribunal.

3. Brief facts of the claimant's case before the Tribunal are as under:-

On 18.02.2016, at about 7.00 a.m., the deceased Ganesh A, was riding his motor cycle bearing registration No.KA-05-HB-2207 alongwith his friend deceased Girish as a pillion rider on Mysore-Mahanandawadi main road from Mysore and proceeding towards H.D. Kote slowly, cautiously by observing

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