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2015 Supreme(Kar) 750

S.ABDUL NAZEER, P.S.DINESH KUMAR
MANAGER, NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
SHRUTHI V. A. – Respondent


Advocates:
ADVOCATE APPEARED:
SRI. S. K. KAYAKAMATH, ADV.
SRI. Y. LAKSHMIKANT REDDY, ADV. FOR R1 TO R3 R4 & R5 SERVED

JUDGMENT :

These two appeals arise out of judgment and award dated 14.05.2012 in M.V.C.No.60/2012 on the file of Motor Accident Claims Tribunal – IX, Bellary (‘Tribunal’ for short). Insurer has filed M.F.A. No.24620/2012 challenging the quantum. Claimants have filed M.F.A. No.24380/2012 for enhancement.

2. One Shailesh succumbed to injuries sustained in a road traffic accident which occurred on 19.11.2011 involving an offending Tractor Trailer and the motorcycle which the victim was riding.

3. Claimants presented the instant petition for compensation. During trial, three witnesses were examined on behalf of the claimants and 23 exhibits were marked. On behalf of the respondents, no witness was examined. Insurance policy was marked by consent. After framing relevant issues and considering material on record, Tribunal awarded a sum of Rs.47,20,116/- with 6% interest. Both Insurer and claimants are aggrieved by the quantum of compensation. Hence, these appeals.

4. Heard Sri Lakshmikant Reddy, learned counsel for the appellants and Sri S.K. Kayakamath, learned counsel for the insurer.

5. S




















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