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2016 Supreme(Kar) 368

S.SUJATHA
Iffco Tokio General Insurance Company Limited – Appellant
Versus
Venkatesh – Respondent


Advocates Appeared:
For the Petitioner:Sri Ravindra R. Mane, Advocate.
For the Respondent:Sri Y. Lakshmikant Reddy, Advocate.

JUDGMENT :

S. SUJATHA, J.

1. Appeals are filed by the Insurer challenging the Judgment and Order passed by the Motor Accident Claims Tribunal, Bellary (‘Tribunal’ for short), in MVC Nos. 548-550/2010. Cross Objections are filed by the claimants seeking enhancement of the compensation.

2. Since these appeals arise from the same accident and against the common Judgment, all the matters are heard together and disposed of by this common Judgment.

IN MFA No. 21473/2011 connected with MFA CROB. No. 100116/2014:

3. Briefly stated the facts are: that the respondents 1 and 2 – parents of the deceased Mariyamma @ Maremma instituted a claim petition alleging that on 16.1.2010, when the deceased along with the appellant No. 2 and others was standing on the proper side of the road, the respondent No. 1 being driver of the tractor bearing temporary registration No. KA 36/T 2269 (offending vehicle) drove the same in a high speed with rash and negligent manner and dashed against the deceased, resulting in the death of said Mariyamma @ Maremma who was aged about four years. The Insurer resisted the claim. The Tribunal, after appreciating the evidence on record, awarded the total compensation of Rs.1,50,





























































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