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2014 Supreme(Kar) 296

N.K.PATIL, PRADEEP D.WAINGANKAR
Branch Manager Oriental Insurance Co. Ltd. – Appellant
Versus
Kempamma – Respondent


Advocates appeared:
For the Appellant:A.N. Krishnaswamy, Advocate.
For the Respondents:R2, A.R. Sharadamba, Advocate.

Judgment :

1. This appeal under Section 173(1) of M.V. Act, 1988 is filed by the Appellant-Oriental Insurance Company Limited against the award dated 19.1.2007 in MVC No.115/2006 on the file of Civil Judge(Sr. Dn.) & MACT(for short Tribunal'), K.R. Pet, directing the appellant Insurance Company to satisfy the award amounting to Rs.9,51,333/-with interest at 6% p.a..

2. One B.S. Ramakrishnegowda was working as Assistant Master in Government Junior College at Krishnarajpet Town. He used to travel daily from his native place Ballekere village to attend the School. On 27.8.2001, after finishing his duty, he was returning to his house on a motor cycle bearing No.KA-11-J-9846 as pillion rider from Krishnarajpet to Ballekere. The motorcycle was being driven by the rider one L.S. Hemanthkumar in a rash and negligent manner and thereby B.S. Ramakrishnegowda, the pillion rider fell down from the motor cycle and sustained grievous injuries. He was taken to Krishnarajpet General hospital and since his conditions were precarious, he was referred to B.M. Hospital at Mysore, where he succumbed to injuries, while undergoing treatment as inpatient. As such, claiming compensation of Rs.24.39,152/-,















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