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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Nishaa W/o Nagesh Pai – Appellant
Versus
Ibrahim S/o Mohammadasab Binkadakatti – Respondent
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
1. MFA No.100778/2020 is filed by the appellants/claimants seeking enhancement of compensation, whereas MFA No.100394/2020 is filed by the appellant/Insurance company challenging the judgment and award dated 03.10.2019 passed in MVC No.1003/2016 by the I Additional Senior Civil Judge and CJM, Dharwad (for short ‘Tribunal’).
2. Brief facts leading to filing of these appeals are that on 25.10.2016 at about 10.20 p.m., the deceased- Nagesh was proceeding as pillion rider on the motorcycle bearing Reg.No.KA-22-S-4075. When the said motorcycle reached near M.T. Mill Cross, on Karwar road, at that time, rider of Active Honda motorcycle bearing Reg.No.KA-25-EM-8374 came from Girani Chawl towards Indi Pump in a very high speed and rash and negligent manner and caused the accident, the deceased- Nagesh sustained grievous injuries and succumbed to those injuries in the Hospital while taking treatment on 26.10.2016.
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3. Sri.N.R.Kuppelur, learned counsel for the appellant/insurer contends that the complaint was lodged by the brother of the deceased on 25.10.2016 and the said complaint indicates that deceased was riding the motorcycle. However, the Police colludi
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