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2017 Supreme(Kar) 950

R.S.CHAUHAN
Cholamandalam Ms Gen. Ins. Co. Ltd. – Appellant
Versus
Mariyamma – Respondent


Advocates Appeared:
For the Appellants : Sri. Y.P. Venkatapathi, Adv.
For the Respondents:Sri. Dilip Kumar, Advocate, Smt. Suma Kedilaya Adv., Sri. V. Padmanabha Kedilaya, Adv.,

JUDGMENT :

1. Both the Appeal, and the Cross-Objection, arise out of the judgment and award dated 11.06.2014, passed by the V Additional District Judge and MACT., My sore, whereby for the death of Mr. Basavasetty, the learned Tribunal has granted the claimants, a compensation of Rs.5,41,000/-, along with interest @ 8% per annum, from the date of filing of the petition till the date of realization. Therefore, the appeal filed by the Insurance Company, and the cross-objection filed by the claimants are being decided by this common order.

2. According to the claimants, on 12.08.2012, around 1.45 p.m., Mr. Basavasetty was traveling in an auto-rickshaw, bearing registration No.KA-45-3707, along with other passengers. While the auto-rickshaw was going on the K.R. Nagar Hosahalli Road, near K.E.B. Iswara Nagar, the driver of the auto-rickshaw drove the auto in a rash and negligent manner. When the driver suddenly applied the brakes, the auto-rickshaw turned turtle; Mr. Basavasetty sustained severe head injuries; he died on the spot.

3. Since the claimants lost the sole bread earner of


























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