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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
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.
3. The parties are referred to as per their rankings before the Tribunal.
5. Insurer in its written statement denied the contentions of the claim petitioner and it is further stated that accident had taken place due to rash and negligent riding of motorcycle by the claimant and amount of compensation sought is on higher side. It is also further contended that its liability is restricted to terms and conditions of policy of insurance and holding of valid and effective driving licence by driver of the offending tipper lorry. With these reasons prayed to dismiss the claim petition again
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