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2016 Supreme(Kar) 841

RAM MOHAN REDDY
Tara Chanda – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates Appeared:
For the Appellant : Sri Venkatesh R. Bhagat
For the Respondent: Sri S.V. Hegde Mulkhand, Sri Shripad V. Shastri

JUDGMENT :

Ram Mohan Reddy, J.

The insured/owner of the offending construction equipment vehicle (for short, 'crane'), aggrieved by the finding fastening liability to pay compensation and exonerating the insurer from paying compensation, by common judgment and award date 3-7-2012 in MVC Nos. 8907, 8908 and 8207 of 2010 of the Motor Accidents Claims Tribunal, Bengaluru (SCCH-13) (for short, 'MACT') has presented these appeals.

2. Facts not in dispute are: the offending 'crane' registered as a motor vehicle under the Motor Vehicles Act, 1988 (for short, 'MV Act') read with Central Motor Vehicles Rules, 1989 (for short, 'Rules') with certificate of registration 'CH 04 L 7891' driven in a rash and negligent manner on 25-10-2010 at about 6.30 p.m. on Kanakapura Main Road near Yadamadu Village dashed against a Maruthi Van bearing certificate of registration No. KA 41 M 5624, due to which two occupants of the Maruthi Van suffered injuries, while another succumbed to grievous injuries, causing damages to the Maruthi Van; injured filed claim petitions invoking Section 166 of the MV Act, registered as MVC Nos. 8907 and 8908 of 2010. while legal representatives of the deceased filed claim petiti











































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