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KARNATAKA HIGH COURT
SHIVASHANKAR AMARANNAVAR, J
SMT. NIRMALA W/O LATE SAIDAPPA – Appellant
Versus
ARUNKUMAR J. BAHL PATIL CHAWL – Respondent
| Table of Content |
|---|
| 1. filing and context of appeals. (Para 1 , 2) |
| 2. court evaluations and observations on compensation. (Para 3 , 7 , 8 , 9 , 10) |
| 3. arguments concerning compensation assessment. (Para 4 , 5 , 6) |
| 4. final rulings on compensation amount and interest. (Para 11 , 12) |
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT
1. MFA No.200132/2021 is filed by the claimant seeking enhancement, and MFA No.201143/2021 is filed by Insurance company challenging its liability to pay compensation as awarded in Judgment and award dated 10.08.2020 passed in MVC No.360/2017 by the Additional Senior Civil Judge and Additional MACT, Bidar (for short ‘the tribunal’).
2. The facts leading to filing of the claim petition are as follows:
HC-KAR The claimant and her husband Siddappa have boarded an auto-rickshaw bearing registration No.KA-39/4677 along with other persons on 14.08.2016. When the said auto- rickshaw came near Nirna Cross, a Goods Van bearing registration No.MH-04/FJ-3468 came from opposite side and the driver of the said vehicle was driving the said vehicle in a high speed, rash and negligent manner, he lost control over it and dashed against the said auto-rickshaw, due to
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