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2008 Supreme(Kar) 635

SUBHASH B.ADI
Division Manager, The New India Assurance Co. Ltd. – Appellant
Versus
Ramaswamy – Respondent


Advocates appeared:
For the Appellant :A.K. Bhat, Advocate. For the Respondents:S.R. Indumathi, Suresh M. Lature, Advocates.

Judgment :-

Subhash B. Adi, J.

These two appeals arise out of the common judgment and award in M.V.C.Nos.8458 and 8459 of 2005 dated 8th November 2006 on the file of M.A.C.T., Bangalore.

2. Respondent No.2 in both the cases are the claimants. On 11.11.2005 at about 7.45 p.m., both claimants were proceeding on scooter as a rider and pillion rider on the extreme left side of road. When it reached GK.Paints factory, a tempo bearing No.KA-03/A-4874 came from opposite direction driven in high speed and in a rash and negligent manner and dashed against both the claimants, as a result of which, they fell down and sustained grievous injury. They were taken to Doddaballapura Government Hospital, from there they were shifted to Bowring Hospital, they took treatment as inpatient and also as outpatient.

3. Before the Tribunal, claimants got themselves examined as PWs-1 and 2. They also examined one doctor as PW-3. Exs.P1 to P5 were marked in their evidence and on behalf of the Insurance Company, one N.Krishna Murthy was examined and Exs.R1 and R2 were marked. The Tribunal on consideration of the evidence granted compensation of Rs.2,43,000/- in M.V.C.No.8458/2005 and Rs.2,78,000/-in M.V.C.No.84


















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