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2025 Supreme(Kar) 2173

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Hanumantha Naik, S/o Dakya Naik – Appellant
Versus
Umesh S/o. Chandrappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. M.V. Maheswarappa, Advocate
For the Respondent:Sri. Ravish Benni, Advocate

UDGMENT :

UMESH M.ADIGA, J.

Both these appeals arise out of a judgment and award dated 1st June 2023, passed by the IV Addl.District and Sessions Judge and M.A.C.T.-IV, Shivamogga, sitting at Bhadravathi, (for short `the Tribunal'), in MVC.No.32/2022.

2. The claimants have filed MFA.No.8386/2023 for enhancement of compensation and the insurer of the vehicle bearing registration No.KA-17-X-9204, filed MFA.No.6682/2023, challenging its liability to pay the compensation.

3. Both the appeals arise out of common judgment and award and they are listed for admission, with the consent of learned advocates appearing for both the sides, they are taken up together for final disposal.

4. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

5. The brief facts of the case are that, on 10.09.2021, at about 7.15 p.m., claimant and one Hanumantha Naika @ Anna Naika, who was respondent No.4 before the Tribunal, were proceeding on the motorcycle bearing registration No.KA-17-X-9204 on Aralihalli-Thiplapura road. When they reached near the house of one Ravi, a motorcycle bearing registration No.KA-04-Q-9873, being ridden by its rider in a rash and negligent mann

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