Shivamurthy S/O. Venkatappa Vs Chinnaswamy S/O. Subbappa

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V.SRISHANANDA MISCELLANEOUS FIRST APPEAL NO.104066 OF 2019 (MV-I)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.102951 OF 2019 MISCELLANEOUS FIRST APPEAL NO.102952 OF 2019 MISCELLANEOUS FIRST APPEAL NO.102953 OF 2019 MISCELLANEOUS FIRST APPEAL NO.102954 OF 2019 MISCELLANEOUS FIRST APPEAL NO.102955 OF 2019 MISCELLANEOUS FIRST APPEAL NO.104065 OF 2019 MISCELLANEOUS FIRST APPEAL NO.104067 OF 2019 MISCELLANEOUS FIRST APPEAL NO.104068 OF 2019 MISCELLANEOUS FIRST APPEAL NO.104069 OF 2019

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IN MISCELLANEOUS FIRST APPEAL NO.104066 OF 2019

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SAMREEN

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AYUB DESHNUR

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Digitally signed by SAMREEN AYUB DESHNUR Date: 2024.02.23 14:33:19 +0530

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BETWEEN:

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RAJANNA @ RAJAPPA S/O. HANUMANTHAPPA, AGE : 39 YEARS, OCC : AGRICULTURE AND BUSINESS, R/O : HONNUR VILLAGE, TQ : DAVANAGERE, NOW AT IJARILAKAMAPUR, TQ : DIST : HAVERI.

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…APPELLANT

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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AND:

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CHINNASWAMY S/O. SUBBAPPA, AGE : MAJOR, OCC : BUSINESS, R/O : T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE GARDEN ROAD, DAVANAGERE-01 (OWNER OF THE MINI BUS BEARING

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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REG.NO.KA-06/D-4769)

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THE SENIOR MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., SHRI. SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-EAST OF NGEF LABOR, KASTURINAGAR, BENGALURU-560043. (INSURER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769) POLICY NO.1-3SVEIAU, VALID FROM 07.09.2015 TO 06.09.2016)

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…RESPONDENTS

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(BY SRI. SUBHAS J., ADVOCATE FOR R2; R1 DISPENSED WITH)

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THIS M.F.A. IS FILED U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.160/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISCELLANEOUS FIRST APPEAL NO.102951 OF 2019

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BETWEEN:

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THE SENIOR MANAGER, IFFCO-TOKIO GENEAL INSURANCE CO. LTD., SRI."SHANTI TOWERS",

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5^TH FLOOR, 3^RD MAIN, 141-FAST NGEF LABOR, KASTURI NAGAR, BENGALURU-560043, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.

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… APPELLANT

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(BY SRI. SUBHAS J., ADVOCATE)

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AND:

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MANJANNA D.H. S/O. HANUMANTHAPPA, AGE: 42 YEARS, OCC: AGRICULTURE AND

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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CONTRACTOR WORK, R/O: HONNUR VILLAGE, DAVANAGERE TALUKA, NOW IJARILAKAMAPUR,

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TQ AND DIST: HAVERI-581110.

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SRI.CHINNASWAMY S/O. SUBBAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE, TUMAKUR-572101.

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…RESPONDENTS

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1 R2 HELD SUFFICIENT)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.159/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.1,81,550/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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IN MISCELLANEOUS FIRST APPEAL NO.102952 OF 2019 BETWEEN:

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THE SENIOR MANAGER, IFFCO-TOKIO GENEAL INSURANCE CO. LTD., SRI."SHANTI TOWERS", 5^TH FLOOR, 3^RD MAIN, 141-FAST NGEF LABOR, KASTURI NAGAR, BENGALURU-560043, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.

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… APPELLANT

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(BY SRI. SUBHASH J.BADDI, ADVOCATE)

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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AND:

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RAJANNA @ RAJAPPA S/O. HANUMANTHAPPA, AGE: 38 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O: HONNUR VILLAGE IN DAVANAGERE TALUKA, NOW IJARILAKAMAPUR, TQ AND DIST: HAVERI-581110.

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SRI. CHINNASWAMY S/O. SUBBAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE, TUMAKURU-572101.

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…RESPONDENTS (BY SRI. CHANDRASHEKHAR M. HOSAMANI, ADVOCATE FOR R1; R2 HELD SUFFICIENT)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.160/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.1,88,670/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION

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IN MISCELLANEOUS FIRST APPEAL NO.102953 OF 2019

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BETWEEN:

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THE SENIOR MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO.LTD., SRI. "SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-FAST NGEF LABOR, KASTURI NAGAR, BENGALURU-560043, NOW REPRESENTED BY ITS AUTHORIZED SIGNATORY.

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… APPELLANT

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(BY SRI. SUBHASH J.BADDI, ADVOCATE)

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AND:

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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RUDRESH @ RUDRESH S. S/O. SOMAPPA @ SOMASHEKHARAPPA, AGE. 38 YEARS OCC. AGRICULTURE AND BUSINESS WORK, R/O: HONNUR VILLAGE, IN DAVANAGERE TALUKA, NOW AT IJARILAKAMAPUR, TQ AND DIST. HAVERI-581110.

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SRI. CHINNASWAMY S/O. SUBBAPPA, AGE. MAJOR, OCC. BUSINESS, R/O. T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE, TUMAKUR-572101.

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…RESPONDENTS

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(BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1; R2 HELD SUFFICIENT)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.161/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.1,44,450/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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IN MISCELLANEOUS FIRST APPEAL NO.102954 OF 2019 BETWEEN:

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THE SENIOR MANAGER, IFFCO-TOKIO GENEAL INSURANCE CO. LTD., SRI."SHANTI TOWERS", 5^TH FLOOR, 3^RD MAIN, 141-FAST NGEF LABOR, KASTURI NAGAR, BENGALURU-560043, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.

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… APPELLANT

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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(BY SRI. SUBHASH J.BADDI, ADVOCATE)

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AND:

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SHIVAMURTHY S/O. VENKATAPPA, AGE: 43 YEARS, OCC: AGRICULTURE WORK, R/O: HONNUR VILLAGE IN DAVANAGERE TALUKA, NOW IJARILAKAMAPUR,

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TQ AND DIST: HAVERI-581110.

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SRI. CHINNASWAMY S/O. SUBBAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE, TUMAKURU-572101.

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…RESPONDENTS (BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1; R2 HELD SUFFICIENT)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.162/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.1,93,650/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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IN MISCELLANEOUS FIRST APPEAL NO.102955 OF 2019

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BETWEEN:

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THE SENIOR MANAGER, IFFCO-TOKIO GENEAL INSURANCE CO. LTD., SRI."SHANTI TOWERS", 5^TH FLOOR, 3^RD MAIN, 141-FAST NGEF LABOR, KASTURI NAGAR, BENGALURU-560043, NOW REPRESENTED BY ITS AUTHORISED SIGNATORY.

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… APPELLANT

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(BY SRI. SUBHASH J.BADDI, ADVOCATE)

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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AND:

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VEERESH J.N. S/O. NAGAPPA, AGE: 38 YEARS, OCC: AGRICULTURE , R/O: HONNUR VILLAGE IN DAVANAGERE TALUKA, NOW IJARILAKAMAPUR, TQ AND DIST: HAVERI-581110.

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SRI. CHINNASWAMY S/O. SUBBAPPA, AGE: MAJOR, OCC: BUSINESS, R/O: T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE, GARDEN ROAD, CHIKKAPETE, TUMAKURU-572101.

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…RESPONDENTS

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(BY SRI.CHANDRASHEKHAR M.HOSAMANI, ADVOCATE FOR R1; R2 HELD SUFFICIENT)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.163/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, AWARDING COMPENSATION OF RS.1,75,570/- WITH INTEREST AT 6% P.A. FROM THE DATE OF PETITION TILL ITS REALISATION.

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IN MISCELLANEOUS FIRST APPEAL NO.104065 OF 2019

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BETWEEN:

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MANJANNA D.H. S/O. HANUMANTHAPPA, AGE : 42 YEARS, OCC : AGRICULTURE AND CONTRACTOR WORK, R/O : HONNUR VILLAGE, TQ : DAVANAGERE, NOW AT IJARILAKAMAPUR, TQ : DIST : HAVERI.

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… APPELLANT

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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AND:

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CHINNASWAMY S/O. SUBBAPPA, AGE : MAJOR, OCC : BUSINESS, R/O : T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE GARDEN ROAD, DAVANAGERE-01. (OWNER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769)

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THE SENIOR MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., SHRI. SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-EAST OF NGEF LABOR, KASTURI NAGAR, BENGALURU-560043. (INSURER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769) POLICY NO.1-3SVEIAU, VALID FROM 07.09.2015 TO 06.09.2016)

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…RESPONDENTS

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(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; R1 DISPENSED WITH)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.159/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISCELLANEOUS FIRST APPEAL NO.104067 OF 2019

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BETWEEN:

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RUDRESH @ RUDRESH S. S/O. SOMAPPA @ SOMASHEKHARAPPA, AGE : 38 YEARS, OCC : AGRICULTURE AND BUSINESS WORK , R/O : HONNUR VILLAGE, TQ : DAVANAGERE, NOW AT IJARILAKAMAPUR, TQ : DIST : HAVERI.

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… APPELLANT

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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AND:

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CHINNASWAMY S/O. SUBBAPPA, AGE : MAJOR, OCC : BUSINESS, R/O : T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE GARDEN ROAD, DAVANAGERE-01. (OWNER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769)

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THE SENIOR MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., SHRI. SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-EAST OF NGEF LABOR, KASTURI NAGAR, BENGALURU-560043. (INSURER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769) POLICY NO.1-3SVEIAU, VALID FROM 07.09.2015 TO 06.09.2016)

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…RESPONDENTS

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(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; R1 DISPENSED WITH)

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THIS M.F.A IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.161/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISCELLANEOUS FIRST APPEAL NO.104068 OF 2019

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BETWEEN:

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SHIVAMURTHY S/O. VENKATAPPA, AGE : 43 YEARS, OCC : AGRICULTURE WORK, R/O : HONNUR VILLAGE, TQ : DAVANAGERE, NOW AT IJARILAKAMAPUR, TQ : DIST : HAVERI.

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… APPELLANT

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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AND:

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CHINNASWAMY S/O. SUBBAPPA, AGE : MAJOR, OCC : BUSINESS, R/O : T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE GARDEN ROAD, DAVANGERE-01. (OWNER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769)

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THE SENIOR MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., SHRI. SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-EAST OF NGEF LABOR, KASTURI NAGAR, BENGALURU-560043. (INSURER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769) POLICY NO.1-3SVEIAU, VALID FROM 07.09.2015 TO 06.09.2016)

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…RESPONDENTS

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(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; R1 DISPENSED WITH)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.162/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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IN MISCELLANEOUS FIRST APPEAL NO.104069 OF 2019

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BETWEEN:

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VEERESH J.N. S/O. NAGAPPA, AGE : 38 YEARS, OCC : AGRICULTURE WORK, R/O : HONNUR VILLAGE, TQ : DAVANAGERE, NOW AT IJARILAKAMAPUR, TQ : DIST : HAVERI.

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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… APPELLANT

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(BY SRI. CHANDRASHEKHAR M.HOSAMANI, ADVOCATE)

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AND:

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CHINNASWAMY S/O. SUBBAPPA, AGE : MAJOR, OCC : BUSINESS,

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R/O : T.P. BASAVARAJU COMPOUND, SHANIDEVARA TEMPLE GARDEN ROAD,

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DAVANGERE-01. (OWNER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769)

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THE SENIOR MANAGER, IFFCO TOKIO GENERAL INSURANCE CO.LTD., SHRI. SHANTI TOWERS, 5^TH FLOOR, 3^RD MAIN, 141-EAST OF NGEF LABOR, KASTURI NAGAR,

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BENGALURU-560043. (INSURER OF THE MINI BUS BEARING REG.NO.KA-06/D-4769) POLICY NO.1-3SVEIAU, VALID FROM 07.09.2015 TO 06.09.2016)

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…RESPONDENTS

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(BY SRI. SUBHASH J.BADDI, ADVOCATE FOR R2; R1 DISPENSED WITH)

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THIS M.F.A. IS FILED U/S.173(1) OF MOTOR VEHICLES ACT, 1988, AGAINST THE JUDGMENT AND AWARD DATED 14.05.2019 PASSED IN MVC NO.163/2016 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, HAVERI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THESE APPEALS, COMING ON FOR FURTHER ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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JUDGMENT

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These appeals arise out of the judgment and award

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passed in the MVC numbers and other particulars are

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tabulated hereunder for the sake of convenience.

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Sl. No.	MVC Nos.	Appeal by insurance company	Appeal by claimant	Quantum of compensation
1.	MVC 159/2016	MFA 102951/2019	MFA 104065/2019	Rs.1,81,550=00
2.	MVC 160/2016	MFA 102952/2019	MFA 104066/2019	Rs.1,88,670=00
3.	MVC 161/2016	MFA 102953/2019	MFA 104067/2019	Rs.1,44,450=00
4.	MVC 162/2016	MFA 102954/2019	MFA 104068/2019	Rs.1,93,650=00
5.	MVC 163/2016	MFA 102955/2019	MFA 104069/2019	Rs.1,75,570=00

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Heard Sri.Subhas J. Baddi and Sri.Chandrashekhar

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M. Hosamani, learned counsel for the parties.

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The facts in brief which are utmost necessary for disposal of these appeals are as under:

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3.1. Mini bus bearing registration No.KA-06/D-4769

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unfortunately met with accident on 20.01.2016 at 4 a.m.

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on Balraj Urs road, Shivammoga, Basavanagudi cross. Inmates of the bus are claimants.

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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3.2 The claim petitions were resisted by the insurance company by denying averments in claim petitions including the injuries sustained by them.

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3.3 Tribunal after raising necessary issues recorded the evidence of the claimants and doctor who issued disability certificate by name Dr.Nagabhushana D.M. as PW.6.

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3.4 On behalf of the respondent, Dr.G.B.Mahadev has been examined apart from the officer of the insurance company namely Sri. Mahesh Prasad P.

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3.5 In respect of the claimants as many as 30 documents were placed on record which were exhibited and marked as Ex.P1 to Ex.P30.

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3.6 On behalf of the respondents also 12 documents were placed on record which were exhibited and marked as Ex.R1 to R12.

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NC: 2024:KHC-D:2508 MFA No.104066 of 2019 C/W MFA No 102951 of 2019, MFA No.102952 of 2019, MFA No.102953 of 2019, MFA No.102954 of 2019, MFA No 102955 of 2019, MFA No.104065 of 2019, MFA No.104067 of 2019, MFA No.104068 of 2019, MFA No.104069 of 2019

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3.7 Tribunal after conclusion of recording of evidence,

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heard the parties in detail and by common judgment dated 14.05.2019, allowed the claim petitions in part and awarded compensation as referred supra.

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3.8 Record also discloses that the injuries sustained by the

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claimants were in serious dispute and therefore injured persons were referred to medical board.

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3.9 After examination of the injured persons, medical

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board also furnished the opinions which were marked by consent as Ex.R4 –R8.

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Being aggrieved by the quantum of compensation,

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both insurance company and the claimants are in appeal.

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Sri.Subhas J. Baddi, learned counsel for the

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insurance company vehemently contended that the alleged injuries sustained by the claimants are all incorrect and

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the disability factor mentioned by the doctor is also improper.

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He also pointed out that Sri.Rudresh who is claimant in MVC No.161/2016 has only suffered fracture in mandible. For him also medical board has assessed disability which shows that the disability certificate issued by the medical board is without application of mind and the same are issued casually.

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He also contended that the tribunal misdirected itself

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in not properly assessing the quantum of compensation and sought for allowing the appeals of the insurance company and reassess the quantum of compensation.

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Per contra, Sri.Chandrashekar Hosamani, learned counsel for the claimants-appellants reiterating the grounds urged in the appeals filed by the claimants contended that the injuries sustained by the claimants have been properly assessed and when there was a doubt

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in the mind of the tribunal, the claimants were referred to the medical board and medical board after thorough examination, both clinically and on the basis of the documents placed on record, issued Ex.R4-R8 which were marked by the consent and therefore no exception can be taken to the veracity of the documents marked at Ex.R4 to R8 and sought for enhancement of compensation.

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He further contended that tribunal has not assessed the compensation by taking the income factor properly and also the disability factor and therefore, sought for allowing the appeals of the claimants.

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In view of the rival contentions of the parties, this court has perused the material on record meticulously.

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On such perusal of the material on record, it is crystal clear that incident has occurred around 4 a.m. in Basavanagudi, Shimoga. The injured were first shifted to Meggon Hospital, Shivamoga and they were treated there.

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The injured after curing themselves laid claim petition before the MACT, Haveri. They placed on record the documents which would fortify their stand with regard to the injuries sustained by them. Having regard to the contra evidence placed on record by the insurance company by examining the RW-1 who is doctor-

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Sri.G.B.Mahadeva, the tribunal felt that the injuries sustained by the claimants needs to be properly assessed as there were two opinions on record in the form of oral evidence of PW.6 and oral evidence of RW.1.

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Therefore, tribunal directed the injured persons to appear before the medical board for assessment of the injuries and disability factor thereof.

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Injured persons appeared before the board and they furnished their medical records. Medical board clinically examined the injured persons as well and the documents

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placed before it, furnished the opinion with regarding to disability Ex.R4 to R8.

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It is at this stage, the role of the tribunal in assessing

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the material evidence on record assumes importance. The tribunal is expected to decide the fact in issue before it by applying the standard of proof which is by preponderance of probability.

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It is settled principle of law that strict proof is not to be sought for from the claimants while deciding the claim petitions.

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In this regard, the principle of law enunciated in the case of Anita Sharma and others Vs. New India Assurance company limited and another , reported in (2021)1 SCC 171 can be gainfully relied upon by this court. Applying the principle of law enunciated in the said

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judgment in the facts and circumstances of the case, the certificate issued by the medical board vide Ex.R4 to R8,

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there is a legal presumption under Section 114(e) of the Indian Evidence Act.

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17. No doubt, said presumption is rebuttal presumption.

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The injured persons were referred to the medical board based on the rival contentions placed on record by the claimants as well as insurance company in the form of oral evidence of PW6 and RW1.

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Thereafter, when Ex.R4 to R8 came to be placed on record and marked by consent. As such in the absence of rebuttal evidence placed on record by the insurance company, veracity or probative value of the Ex.R4 to R8 cannot be questioned before this court by insurance company.

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Therefore, the contentions urged on behalf of the insurance company that the trial court has not properly appreciated the material evidence on record especially placing reliance on Ex.R4 to R8 and passed the awards as

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above said, has resulted in the miscarriage of justice and cannot be countenanced in law.

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Therefore, the next question that has to be now gone into by this court is whether quantum of compensation awarded by the tribunal in respect of the injuries sustained by the claimants is just and proper or there is scope for enhancement.

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Taking note of the fact that there are divergent opinions about the injuries sustained by the claimant and also taking note of the fact that tribunal has placed reliance on the Ex.R4 to R8, the claimants cannot now turn around and say that the tribunal ought to have passed an award with enhanced compensation.

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Further, when there is a serious dispute as to the injuries, the tribunal followed the cardinal principle of assessing the disability factor by guess work which is just and proper. The guess work is not blind guess work.

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In the cases on hand, tribunal has placed reliance on Ex.R4 to R8 while so guessing the disability factor. The accident is of the year 2016 that too occurred at 4 a.m. Medical records of the Mcggnn Hospital, Shivamoga would go to show about the injuries sustained by the claimants.

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On cumulative consideration of the material evidence placed on record, after following principles of law enunciated by this Court and by Hon’ble Apex court, the Tribunal has assessed the quantum of compensation by pragmatic method.

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In paragraph 31 of the impugned judgment and award, tribunal has placed reliance on the judgment of Hon’ble Apex court in the case of Raj Kumar vs. Ajay Kumar and another , reported in (2011) 1 SCC 343 .

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Likewise, tribunal also placed reliance on the judgment of Hon’ble Apex court in the case of Chandrashekhar Vs. Shri.Revanasiddappa Danadani

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and others reported in ILR 2012 KAR 4983 and applying the yardsticks enunciated in those decisions with regard to pain and suffering, medical expenses loss of income laid up period, loss of future income on account of permanent disability, loss of amenities, life comforts, expectancy of life has properly assessed the quantum of compensation in each and every claim. Detailed discussions is also forthcoming in the impugned judgment and award for the injuries sustained by the each and every claimant in the background of the principles of yardsticks stated in the case of Raj Kumar and Chandrashekhar supra.

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As is observed by this court in the foregoing paragraphs assessment of a quantum of compensation is always by guess work. Guess work should not be arbitrary and should not be far from reality. The principle of law enunciated in the case of Raj Kumar and

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Chandrashekhar supra having been applied while so carrying the guess work.

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Thus, the quantum of compensation awarded by the tribunal by proper guess work is just and proper. Therefore, hardly there is any scope for this court to enhance the quantum of compensation.

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