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2024 Supreme(Online)(KAR) 33236

HIGH COURT OF KARNATAKA
VENKATESH NAIK T
ALLABHAKSHI S/O FAKKIRSAB KURAGUND – Appellant
Versus
SHABEER S/O SAYADASAB – Respondent


Petitioner Advocates:C R HIREMATH ,Respondent Advocate: S K KAYAKAMATH FOR R2

JUDGMENT

This appeal is filed by the claimants seeking enhancement of compensation awarded by the Tribunal.

2. For the sake of convenience, the parties are referred to as per their rank referred to in the claim petition before the Tribunal.

3. Heard the learned counsel appearing for the claimants and learned counsel for the respondent – Insurance Company.

Perused the judgment and award of the Tribunal.

4. As there is no dispute regarding death of deceased Afsanabanu, aged about 10 years, who died in a road traffic accident occurred on 06.05.2013 due to rash and negligent driving of goods vehicle bearing registration No.KA-14/B-0188 by its driver and the liability is on the owner of the goods vehicle. The only point that arises for court consideration in the appeal is, “i) Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for any interference?

ii) Whether insurer of the vehicle bearing registration No.KA-14/B-0188 is liable to pay entire compensation?”

5. The respondent has taken contention that the driver of offending vehicle did not possess valid and effective driving licence as on the date of accident. Thus the owner of vehicle bearing re

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