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2011 Supreme(Kar) 196

B.SREENIVASE GOWDA
Oriental Insurance Co Ltd Madikeri-Kodagu Rep. By its Deputy Manager – Appellant
Versus
Chennabasavaiah – Respondent


Advocates appeared:
For the Petitioner:P.B. Raju & P.S. Jagadish, Advocates.
For the Respondent:T.A. Karumbaiah, Smt. P.C. Vinitha, M.E. Nagesh, Advocates.

Judgment

1. This appeal is by the insurance company challenging the judgment and award of the Tribunal on the ground of liability as well as quantum.

2. Heard, the appeal is admitted and with the consent of the learned counsel appearing for the parties, it is taken up for final disposal.

3. For the sake of convenience, the parties are referred to as they are referred to in the claim petition before the Tribunal.

4. The brief facts of the case as pleaded in the claim petition are:

On 30.09.2003, when the deceased B.C.Lingaraju @ Kiran was traveling as a pillion rider on a motorbike bearing registration No.KA-12-E-9097, from Banavara to Somwarpet near Doddaboor of Aburkatte, a mini lorry bearing registration No.KA-12-A-5445 came from opposite direction in a rash and negligent manner and dashed against their motorbike. As a result, the deceased sustained grievous injuries and was shifted to Govt. Hospital, Somwarpet where he succumbed to injuries. Hence, his parents and younger sister filed a claim petition before MACT, Madikeri seeking compensation of Rs.10,00,000/-. The Tribunal awarded them a compensation of Rs.4,82,000/-with interest at 6% p.a. and directed respondent Nos.1 to






















































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