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2017 Supreme(Kar) 13

ANAND BYRAREDDY, B.A.PATIL
Royal Sundaram Aliance Insurance Company Limited – Appellant
Versus
Dorairaj Pillay – Respondent


Advocates Appeared:
For the Appellant : Shri O. Mahesh
For the Respondents: Smt. Sandhya Rao P.

JUDGMENT :

These appeals are disposed of by this common judgment, as the issues of law that arise for consideration are the same.

2. The facts of the case in each of these appeals are as follows:-

In the appeal in MFA 8039/2015, the appellants were the claimants before the Motor Accidents Claims Tribunal seeking compensation in respect of the death of the son of Appellants no.1 & 2. Appellants no.3 & 4 are the sister and brother, respectively, of the deceased.

It was claimed that on 15-8-2010, Adarsh, the son of appellants no.1 & 2, was riding pillion on a motorcycle ridden by one Ankith, and that they were proceeding from Mangalore to Ullal, on National Highway no.17, the time was said to be 5:30AM, when a tempo coming from the opposite direction had dashed head-on into the motorcycle. It is claimed that the tempo had moved to the right side lane and was clearly responsible for the accident. As a result of the impact, the motorcycle and the riders were thrown off the road. Adarsh is said to have suffered multiple injuries and was rendered unconscious. Though he was rushed to a hospital, he was declared as brought dead. He was said to be aged about 25 at the time of accident, he had gr
































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