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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
The present appeal is filed by the claimant under Section 173(1) of the Motor Vehicle Act, 1988 , [Hereinafter referred as to ‘Act’] challenging the judgment and award dated 16.03.2016 passed in MVC.No.174/2011 by the Motor Accidents Claims Tribunal and III Additional Senior Civil Judge, Mangaluru, D.K, [Hereinafter referred as to ‘Tribunal’] seeking for enhancement of compensation.
2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.
3. The relevant facts in a nutshell leading in the present appeal are that on 09.09.2010 when the deceased was crossing the road, a motorcycle being driven by its driver in rash and negligent manner hit the deceased, causing the accident in question wherein she sustained g
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