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2014 Supreme(Kar) 318

N.K.PATIL, PRADEEP D.WAINGANKAR
Manager United India Insurance Co Ltd. – Appellant
Versus
P. Haridass – Respondent


Advocates Appeared:
For the Appellant:A.N. Krishna Swamy, Advocate.
For the Respondents:R1 & R2, R. Chandra Shekar, R3, Served, R4, M.R. Ravi, Advocates.

Judgment

1. All these appeals under Section 173(1) of M.V. Act are arising out of common judgment and award dated 30.6.2008 passed in MVC No.7675/2006 and MVC No.7676/2006 on the file of III Addl. Small Cases Judge and Motor Accident Claims Tribunal(for short 'Tribunal'), Bangalore (SCCH-18). Therefore they are disposed of by his common judgment.

2. One H. Hanish and one G. Ajith Kumar aged about 25 years and 27 years were proceeding on a motor cycle bearing registration No.KA-03-EP- 7318 on 10.10.2006 over the silk board flyover, Madivala, Bangalore at about 10.50 p.m. At that time, a car bearing registration No.KA-01-B-5467 came in rash & negligent manner and dashed against the motor cycle. As a result of the impact, both H. Hanish-rider of the motor cycle and G. Ajith Kumar-pillion rider died on the spot. As such, claiming compensation of Rs.50.00 lakhs each, the parents of both the deceased have filed claim petitions under Section 166 of M.V. Act in MVC No.7675/2006 and MVC No.7676/2006 respectively.

3. Both the claim petitions have been resisted by the owner and the insurer of the car involved in the accident denying all the material averments made out in both the claim petiti
























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