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HIGH COURT OF KARNATAKA
MR VIJAYKUMAR A.PATIL, J
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD – Appellant
Versus
SRI. HARIDAS S/O. VILAS SAWANT – Respondent
| Table of Content |
|---|
| 1. accident details and claimant's condition (Para 2) |
| 2. arguments about compensation assessment (Para 4 , 6 , 7) |
| 3. court's rationale on disability assessment (Para 8 , 9 , 10 , 11) |
| 4. legal principles on loss of future prospects (Para 12 , 13 , 14 , 15) |
| 5. conclusion on compensation awarded (Para 20 , 21) |
JUDGMENT
MFA No.104899/2019 is filed by the Insurance Company challenging the quantum of compensation awarded by the Tribunal whereas, MFA No.100917/2020 is filed by the injured/claimant seeking for enhancement of the compensation. Both these appeals are filed being aggrieved by the judgment and award dated 19.08.2019 passed in MVC No.958/2018 on the file of IV Addl. District Judge and MACT-V at Belagavi.
2. Brief facts leading to filing of these appeals are, the appellant/claimant on 30.05.2018 was proceeding on his motor cycle bearing registration No.KA.30/U-9993 from Ramnagar to Kapoli on Ramnagar-Alnavar Road. When he reached near Mundwad village, tipper lorry bearing registration No.KL- 64/4850 came from opposite direction driven by its driver in a rash and negligent manner and dashed to the motor cycle of the appellant/claimant. Due to that impact, the appellant/c
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