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2025 Supreme(Online)(Kar) 38508

THE HIGH COURT OF KARNATAKA
MR. UMESH M ADIGA, J
LT. COL. RAJINDER SINGH SHEKHAWAT – Appellant
Versus
SRI. GIRISH G. V. – Respondent


Advocates:
For the Appellants/Petitioners: SRI. M.V. MAHESWARAPPA
For the Respondents: SRI. VIJAYA PHANEEBDRA T.B, SRI. A.N. KRISHNASWAMY

Table of Content
1. details of the accident and the death of the minor. (Para 4 , 5 , 6)
2. arguments on the calculation of compensation based on future prospects and minimum wage. (Para 12 , 13)
3. insurer's objection detailing applicable law and previous case judgments. (Para 14 , 15 , 16)
4. summary of calculations for enhanced compensation. (Para 18)
5. final order regarding enhanced compensation and liabilities. (Para 19 , 20)

ORAL JUDGMENT

Both these appeals arising out of judgment and award dated 20.03.2021 passed in MVC No.474/2019. 2. The claimants has filed MFA No.4242/2022 being aggrieved by the judgment and award dated 20th March 2021, passed in MVC No.474/2019 by the IV Addl. District and Sessions Judge, Shimoga, sitting at Bhadravathi and Addl. MACT.(IV) (for short `Tribunal') and MFA No.3740/2021 is filed by the insurer against the very same judgment and award.

With the consent of both the sides, both appeals are taken up together for final disposal.

3. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

4. The brief facts of the case are that, on 10.11.2018, at about 7.00 a.m., the deceased-Diya Shekavath, daughter of claimants a

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