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KARNATAKA HIGH COURT
UMESH M ADIGA, J
NEW INDIA ASSURANCE CO. LTD – Appellant
Versus
SRI. HANUMANTRAO S/O. PRABHAKAR NAIK – Respondent
| Table of Content |
|---|
| 1. overview of appeals arising from compensation judgment. (Para 1 , 2 , 3) |
| 2. injury details and compensation awarded. (Para 4 , 10 , 11) |
| 3. arguments regarding income assessment and disability. (Para 12 , 13 , 14) |
| 4. court's analysis of income, disability, and reasonable compensation. (Para 15 , 21 , 25) |
| 5. final decision on compensation adjustment. (Para 33 , 34 , 35) |
CAV JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
1. MFA No. 103636/2018 and MFA Crob.100135/2018 arise out of judgment and award dated 26.06.2018 passed by the learned III Addl.Senior Civil Judge and MACT, Belagavi (for short, ‘the Tribunal’) in MVC No.1597/2017.
2. The Insurer - respondent No.2 filed MFA No.103636/2018 challenging the quantum of compensation awarded by the Tribunal and claimant filed MFA Crob.No.100135/2018 for enhancement of compensation. Hence both the matters arise out of common judgment and award hence both the appeals are taken up together for disposal.
3. The parties are referred to as per their rankings before the Tribunal.
4. Brief facts of the case are that on 11.11.2016 around 11.40 p.m. (noon), claimant was riding the motorcycle bearing registration No.KA-22/EU-9581 and g
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