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KARNATAKA HIGH COURT
C.M. JOSHI, J
MUTTAMMA W/O SAIBANNA – Appellant
Versus
KHAJA MIYAN S/O SHALISAB – Respondent
| Table of Content |
|---|
| 1. court accepted appeals for final disposal. (Para 1 , 2) |
| 2. accident details and claims presented by the appellants. (Para 4 , 5 , 6) |
| 3. discussion on contributory negligence concerning pillion riders' role. (Para 10 , 11 , 12) |
| 4. assessment of functional disability based on individual circumstances. (Para 17 , 19) |
| 5. final verdict and compensation enhancement details. (Para 24 , 25 , 26 , 27) |
ORAL JUDGMENT
1. Though these appeals are slated for admission, with the consent of the parties, they are taken up for final disposal.
3. These two appeals arise out of the common judgment dated 28.09.2016 passed in MVC No.411/2014 and 412/2014 by the Member, Motor Vehicle Accident Claims Tribunal, Humnabad, (for short ‘the Tribunal’), seeking enhancement of the compensation awarded by the Tribunal.
a) The appellants in both these appeals were traveling as pillion riders on the motorcycle bearing No.KA-39/J-8409, while they were traveling on Bidar- Humnabad Road, a lorry bearing Reg. No.AP-28/U-3485 came in high speed and negligent manner from back side and dashed to their motorcycle, resulting in, both these petitioners and the rider falling down and sustaining injuries. They were
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