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2018 Supreme(Online)(Kar) 2989

IN THE HIGH COURT OF KARNATAKA
Dr. Vineet Kothari, Dr. H. B. Prabhakara Sastry, JJ
Divisional Manager New India Assurance Co. Ltd. v. Tousif and Another


1. The appellants have filed these appeals under S.173 (1) of the Motor Vehicles Act, challenging the judgment and award passed by the Fast Track Court and Member, Addl. MACT, Dharwad (hereinafter referred to as 'the Tribunal', for short), in MVC No. 231 of 2014 on 22.12.2014.

2. The appellant in MFA No. 100559 of 2015 has prayed for allowing the appeal by setting aside the judgment and award under appeal, whereas the appellant in MFA No. 101249 of 2015 has prayed for enhancement of the compensation by modifying the judgment and award under appeal.

3. The appellant in MFA No. 100559 of 2015, which is the insurance company, was the respondent No. 2 in the Tribunal. The said appellant in the present appeal has contended that the Tribunal has grossly assessing the neurological disability of the claimant to the extent of 80 per cent, in the absence of any disability certificate issued by the neurologist or any evidence tendered before the MACT by the neurologist with regard to the neurological disability. The Tribunal ought to have discarded the evidence of PW 2, who was an orthopaedician. It has further erred in adding 50 per cent of the salary towards future prospects of the injured, w

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