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2024 Supreme(Online)(KAR) 19419

HIGH COURT OF KARNATAKA
MR JUSTICE VIJAYKUMAR A.PATIL, J
AKASH KAMAT – Appellant
Versus
SRI SUJITH ALVA S/O. KRISHNA ALVA – Respondent


Advocates:
SRI. LINGESH V. KATTEMANE, ADVOCATE; SRI. M. Y. KATAGI, ADV. FOR R2

JUDGEMENT

Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

2. This appeal is filed by the claimant/injured seeking enhancement of compensation being aggrieved by the judgment and award dated 21.04.2021 passed in MVC No.301/2017 on the file of Senior Civil Judge and Addl. MACT, Sirsi (for short, ‘Tribunal’).

3. I have heard the learned counsel Sri.Lingesh V Kattemane for the appellant/injured and learned counsel Sri.M.Y. Katagi for the respondent/Insurance Company.

4. Learned counsel for the appellant submits that the Tribunal has committed an error in awarding meager compensation of Rs.61,500/- to the minor injured. He submits that the minor injured has sustained fracture of right arm and he has produced Ex.P59 to P65-medical records, which indicates that the appellant has taken treatment at Goa Medical College and Hospital, Bambolim, Goa and SDM Hospital, Dharwad. Hence, he seeks to award the compensation as per law laid down by the Hon’ble Apex Court in the case of Master Mallikarjun Vs. Divisional Manager, National Insurance Company Limited & Another1. Thus, he seeks to allow the appeal by awarding co

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