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2024 Supreme(Online)(KAR) 35994

HIGH COURT OF KARNATAKA
MR. JUSTICE H.T.NARENDRA PRASAD, MR. JUSTICE VENKATESH NAIK T, JJ
THE BRANCH MANAGER – Appellant
Versus
ANUSUYAMMA W/O. PARASHURAMAPPA – Respondent


Petitioner Advocates:NAGANGOUDA R KUPPELUR ,Respondent Advocate:

Table of Content
1. accident details (Para 3)
2. insurance company contention (Para 7 , 11)
3. claimants contention (Para 8)
4. consideration of evidence (Para 9 , 10)
5. notional income calculation (Para 12 , 13)
6. modified compensation awarded (Para 14 , 15 , 16 , 17)

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

Miscellaneous First Appeal No.101777/2021 is filed by the insurance company and Miscellaneous First Appeal No.100163/2021 is filed by the claimants aggrieved by the judgment and award dated 30.11.2020 passed by the learned I Additional Senior Civil Judge and JMFC, Ranebennur, in M.V.C. No.366/2019, whereby the Tribunal awarded a sum of Rs.41,32,000/- as compensation.

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

3. Brief facts of the claimants’ case before the Tribunal are that, on 17.12.2018, Chetan was a pillion rider on the motorcycle bearing registration No.KA.04.JQ-9469 from Davanagere towards Bengaluru after attending a marriage at Davanagere with other friends. The motorcycle was driven by Jagadeesh and when they reached near Sibara village in front of Kapra Petrol bunk at about 2:30 pm, one VRL goods l

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