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2012 Supreme(Kar) 381

H.S.KEMPANNA, N.KUMAR
Oriental Insurance Co. Ltd. – Appellant
Versus
K. C. Subramanyam – Respondent


Advocates appeared:
For the Appellant:B.C. Seetharama Rao, Advocate, A.N. Krishnaswamy, Advocate as amicus curiae.
For the Respondents:R2, Suresh D. Deshpande, R1, Sripad V. Shastry, S.P. Shankar Advocates, as amicus curiae.

Judgment :-

N. Kumar, J.

1. The Insurance Company has preferred this appeal challenging the liability to pay the compensation to the claimant in MVC No.5667/2005, which is fastened on them by the Claims Tribunal.

2. For the purpose of convenience, the parties are referred to as they are referred to their rank in the claim petition.

FACTS IN BRIEF

3. The claimant – K.C. Subramanya was traveling in Tata Victra bearing No.KA-03-B-8180 driven by its driver Prasanna Babu on 25.4.2005. At about 03.30 hours when the said vehicle came near Sundepalli on NH-7 in Kurnool – Donu road, the vehicle met with an accident on account of rash and negligent driving of the driver. The claimant sustained injuries. The police registered a case against the driver of the vehicle in Crime No.49/2005. In fact, the wife of the claimant, who was traveling with him died. He preferred a claim petition in MVC No.5667/2005 claiming compensation for the injuries sustained by him. In fact, another injured person in the said accident had also filed separate petition. Respondents filed common defence denying all the allegations made in the claim petition. The insurance company did not dispute the insurance coverag





























































































































































































































































































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