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KARNATAKA HIGH COURT
K V ARAVIND, J
Transport Corporation – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. accident details and claimants' assertions regarding income. (Para 4 , 5 , 11) |
| 2. arguments regarding income assessment and compensation heads. (Para 8) |
| 3. court's review of evidence and income determination. (Para 10 , 13) |
| 4. final adjustments to compensation based on legal principles. (Para 19) |
| 5. court's final ruling and modification of the award. (Para 20 , 21) |
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE K V ARAVIND)
MFA No.101336/2021 and MFA Crob.No.100014/2022 arises out of the common judgment and award in M.V.C.No.378/2016 dated 08.04.2021 on the file of the Senior Civil Judge and Motor Accidents Claims Tribunal, Gangavathi (for short ‘the Tribunal’).
2. Parties are referred to as per their ranking before the Tribunal.
3. The appeal is filed by the Transport Corporation disputing its liability, while the cross-objection is filed by the claimants seeking enhancement of the compensation awarded.
4. The facts giving rise to the claim petition are that the claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short, 'the MV Act '), seeking compensation of Rs.40,50,000/- along with interest at the rate of 18% per annum. It is pleaded that on 0
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