DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
SHIVAJI – Appellant
Versus
DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. – Respondent
JUDGMENT
Dr. D.Y. CHANDRACHUD, J
1. The present appeal arises from a judgment of a learned Single Judge of the Karnataka High Court in an appeal against an award of the Motor Accident Claims Tribunal (MACT), Belgaum.
2. The appellants are parents of Shaji Shivaji Dudhade, who was the driver of a car bearing Registration No. MH-06/W-604, which met with an accident on 15 June 2010. The accident occurred when the car dashed into a truck, bearing Registration No. KA-25/B-5363, resulting in his death; the death of two other persons and injuries to two more persons, all of whom were travelling in the car.
3. The appellants filed a claim petition seeking compensation under Section 163A of the Motor Vehicles Act, 1988. The Tribunal noted that since the claim petition had been filed under Section 163A of the Act, the question of proving that the accident happened due to the rash and negligent act of the driver did not arise. By its award dated 30 July 2011, the Tribunal allowed a claim of Rs 4,60,800 together with interest at the rate 9% per annum.
4 . The insurer preferred an appeal before the High Court of Karnataka. The appellants also filed an appeal before the High Court seeking enhanc
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