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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. POONACHA, J
ABDUL SAMAD – Appellant
Versus
THE NATIONAL INSURANCE CO LTD – Respondent
| Table of Content |
|---|
| 1. appeal filed under motor vehicle act for compensation enhancement. (Para 1 , 3) |
| 2. arguments presented by both sides regarding compensation. (Para 4 , 5 , 6) |
| 3. court's observations on the tribunal's findings and legal principles. (Para 7 , 8 , 9 , 10 , 11) |
| 4. re-assessment of compensation based on legal precedents. (Para 12 , 13 , 14 , 15) |
| 5. final decision on compensation awarded to the claimant. (Para 21) |
ORAL JUDGMENT
2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.
4. Heard submissions of learned counsel Sri. BR Guruprasad, appearing for the appellant and learned counsel Sri. EI. Sanmathi, appearing for respondent No.1 – insurer.
6. Per contra, learned counsel for respondent No.1 – insurer justifies the compensation awarded by the Tribunal.
8. The findings of the Tribunal on negligence and liability are not under challenge and have attained finality. Hence, the only aspect adjudicated in the present appeal is with regard to the enhancement of compensation awarded.
10. The Hon’ble Supreme Court in the case of NATIONAL INSURANCE COMPANY LIMITED3 while considering a similar question with regard to the compensation pay
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