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2016 Supreme(Online)(Kar) 9

KARNATAKA HIGH COURT
*N. K. Patil, Pradeep D. Waingankar, JJ.
Nabeesa and Others v. Ravi Kumar and Others


1. Though these appeals are posted for admission, with the consent of the learned counsel appearing for both parties, they are taken up for final disposal.

2. These appeals respectively by the claimants and the insurer Oriental Insurance Co. Ltd. are directed against the same judgment and award dated 4.5.2012, passed in M.V.C. No. 437 of 2009, by the Additional Senior Civil Judge, Additional Motor Accidents Claims Tribunal, Udupi, (for short, 'the Tribunal').

3. While the claimants have filed the appeal, seeking enhancement of compensation on the ground that the compensation of Rs. 21,64,500 awarded by the Tribunal, after deducting 50 per cent for contributory negligence on the part of the rider of the motor cycle, is inadequate and the contributory negligence is liable to be set aside; the insurer has filed the appeal, seeking reduction of compensation on the ground that compensation of Rs. 21,64,500 with 6 per cent interest per annum, awarded in favour of the claimants is excessive and on the higher side.

4. The facts of the case as stated in the claim petition are that at about 5.15 p.m., on 25.11.2008, when the deceased U.K. Mohammed Asif was proceeding as a pillion rider on a



































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