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2024 Supreme(Online)(KAR) 20950

HIGH COURT OF KARNATAKA
PRADEEP SINGH YERUR, J
SRI S.MAHESH – Appellant
Versus
LIBERTY GENERAL INSURANCE COMPANY LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI GIRIMALLAIAH
For the Respondents: SRI RAVI S.SAMPRATHI

Table of Content
1. summary of accident and compensation awarded. (Para 1 , 4)
2. arguments for enhancement of compensation. (Para 6)
3. court's observations on evidence and compensation rationale. (Para 7 , 8)
4. final conclusions regarding enhanced compensation. (Para 14 , 15)

JUDGMENT

This appeal is preferred by the appellant-claimant challenging the judgment and award dated 18.10.2022 passed in MVC.No.2301/2021 by the Court of XIV Additional Small Causes Judge and ACMM, Member-MACT, Bengaluru (for short ‘the tribunal’). The appeal is preferred on the premise of inadequate and meager compensation awarded by the tribunal.

2. Though the matter is listed for admission, with consent of learned counsels for parties, the same is taken up for final disposal.

3. Parties to the appeal shall be referred to as per their status before the tribunal.

4. Brief facts of the case is as under:

On 15.03.2021 at about 3.45 p.m., the claimant was proceeding on a motor bike bearing registration No.KA-05- JE-0332 and when he reached near 21st Main Road, 9th Cross Road junction, J.P.Nagara, 2nd Phase, Bengaluru, the rider of Royal Enfield motor cycle bearing registration No.KA-07-ED-5427 rode the same in a rash

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