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2024 Supreme(Online)(Kar) 37790

KARNATAKA HIGH COURT
SMT.RATHNAMMA – Appellant
Versus
NYAMATH – Respondent


JUDGMENT

This appeal is filed by the appellants under Section

173(1) of Motor Vehicles Act, 1988 (for short hereinafter referred to as MV Act) challenging the judgment and award dated 01.10.2019 passed in MVC No.173/2017 by the 1st Additional Senior Civil Judge and Additional MACT- VII, Shivamogga, (for short hereinafter referred to as 'Tribunal') for seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent No.3- Insurance Company. Respondent Nos.1 and 2 are served and unrepresented.

3. The appellants were petitioners and the respondents were respondents before the Tribunal. The status of the parties before the Tribunal is retained for the sake of convenience.

4. The case of the petitioners is that, the petitioner filed petition under Section 166 of Motor Vehicles Act (for short ‘M.V. Act’) claiming compensation of Rs.41 lakhs for death of Parasappa, the husband of the petitioner No.1 and father of petitioner Nos.2 and 3 due to accident on 28.3.2015. It is alleged that when the deceased along with others were going to the work for cutting the grass, while returning from their work the Parasappa along with t

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