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2014 Supreme(Kar) 1100

H.G.RAMESH
Renu – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anupama Shankar Arahunashi
For the Respondents: K.K. Vasanth

JUDGMENT :

H.G. Ramesh, J.

This appeal by the claimants is against the judgment and award passed by the learned Third Additional Senior Civil Judge & M.A.C.T., Bangalore, in M.V.C. No. 4344 of 2009, dated 15.6.2010 seeking enhancement of compensation and challenging the finding of the Tribunal fastening liability to pay compensation on the owner while absolving the liability on the insurance company. Claimants are the parents of deceased Vinodkumar who died in the accident that occurred on 23.9.2008. It is the case of the claimants that on 23.9.2008 at about 9.45 p.m. when Vinodkumar was crossing Tumkur Road, a lorry bearing registration No. KA 21-A 4297 came in a rash and negligent manner and dashed against him due to which he sustained grievous injuries all over the body. He was taken to Premier Sanjeevini Hospital, Bangalore and during the course of treatment, he died on account of injuries. As such, claimants filed claim petition before the Tribunal seeking compensation.

2. On the matter being contested by the respondent insurer, the Tribunal raising relevant issues for consideration, after inquiry, holding that the accident was due to negligence of the driver of the lorry in ques














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