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2013 Supreme(Kar) 872

B.S.INDRAKALA
Fazaluddin – Appellant
Versus
Oriental Insurance Co. Ltd. , Bangalore – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Shripad V. Shastri, Advocate.
For the Respondents:R1, R. Gunashekar, Advocate, R2, Notice, R3, dispensed with v/o.

Judgment

1. The above appeal is directed against the judgment and award dated 7.2.2009, passed in MVC No. 1473/1998 on the file of XVIII Additional Judge, Court of Small Causes, Member, MACT-4, Metropolitan Area, (SCCH No.4) Bangalore.

2. The brief facts of the case are that on 26.10.1995 at about 12.45 p.m. when the son of the claimants by name Kutubuddin was traveling as a pillion rider on a motor cycle bearing No. MYA-5842 on 2nd main road, Vyalikaval, Bangalore from north to south, near 2nd road, rider of the scooter bearing registration No. CKN-6841 came from opposite direction in a rash manner and dashed against the motor cycle of which Kutubuddin was a pillion rider and caused the accident. In the said accident, the pillion rider suffered grievous injuries and he succumbed to the same.

3. In the circumstances, the claimants, who were parents of the said pillion rider preferred MVC No.1473/1998 seeking compensation of Rs.4,50,000/- under Section 163(A) of the Motor Vehicles Act, 1988 which was contested by the insurance company and subsequently on conclusion of the evidence and also after hearing the arguments of both Counsel, the Tribunal deemed it fit to award a sum of Rs.1,50









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