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2011 Supreme(Kar) 313

K.L.MANJUNATH, H.S.KEMPANNA
United India Insurance Co, Ltd, Rep By Its Divisional Manager R. N. Nayak – Appellant
Versus
Luviza Fernandis – Respondent


Advocates Appeared:
For the Petitioner:A.M. Venkatesh, Advocate.
For the Respondent:R4 - M/S Chandra Shekar, R8 - B.S. Ramesh, R5 & R6 -Justice Lawyers, Satish & Aravind, A.M. Venkatesh, Advocates.

JUDGMENT

1. M/s Chandra and Shekar has filed power for R4 in MFA No. 4310/2007 and the same is taken on record.

2. Though these matters are posted for admission by consent of parties, the appeals are heard finally.

3. The United India Insurance Company Limited has filed MFA No. 4310/2007, Oriental Insurance Company Limited is the appellant in MFA No. 2624/2007. Both the Insurance Companies are challenging the liability saddled on them on the ground that the accident was not caused on account of rash and negligent driving of the drivers of the vehicles insured respectively by each of the appellants. In MFA No.2624/2007 the quantum of compensation awarded by Tribunal is also challenged.

4. The facts leading to these cases are as here under:

The respondent Nos.1 to 4 were the claimants before the MACT. One late John Ivon Fernandis died in a road traffic accident occurred on 01.03.2001 at about 5.30 p.m. On that day, deceased John Ivon Fernandis was riding his Motor Cycle bearing No. KA-15/E-2347 from Jog to Sagar. When he was near L.B. College in front of house of one Sreenivasa Rao, a tempo trax bearing No. CAB 4664-which was coming from Sagar side in an opposite direction in a rash











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