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2025 Supreme(Online)(Kar) 17072

KARNATAKA HIGH COURT
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL, JJ
MODINSAB S/O MEHABUBSAB MANIYAR – Appellant
Versus
RAJESAB S/O HUSAINSAB SOPPI – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VIJAY M.MALALI
For the Respondents: SRI. B.G. INDI, SRI. M.K. SOUDAGAR

Table of Content
1. facts surrounding the accident and initial compensation awarded. (Para 2 , 3)
2. arguments for and against the appeal concerning income assessment. (Para 5 , 6)
3. court's reasoning for the entitlement to enhanced compensation. (Para 7 , 8 , 9)
4. final conclusion and order for compensation. (Para 10)

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed by the claimants seeking enhancement of compensation being aggrieved by judgment & award dated 28.02.2017 passed in MVC No.221/2015 on the file of learned Senior Civil Judge & MACT, Kushtagi, [For short ‘Tribunal’] 2. Briefly stated the facts are that, on 12.02.2014 at about 4-30 p.m., when the deceased Beebe Aisha was proceeding on motorcycle bearing registration No.KA-17/J- 2368 as a pillion rider, towards Hanumasagar. When the said motorcycle reached Yalabunachi cross, driver of the lorry bearing registration No.KA-25/C-9553 came in high speed with rash and negligent manner and dashed to the motorcycle of the deceased. As a result of which, the deceased Beebe Aisha fell down from the motorcycle and sustained grievous injuries and died on the spot. It is averred that the deceased was a

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