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2018 Supreme(Kar) 373

K.SOMASHEKAR
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Pompapathi @ Pompanna S/o Chinthappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri Ravindra R. Mane
For the Respondents: Sri Sabed Ahamed, Sri A.S. Patil

JUDGMENT :

Though the appeals are listed for admission but with the consent of counsel appearing for both the parties, these appeals are taken up for final disposal. All these appeals have been preferred by the appellant-Bajaj Allianz General Insurance Co. Ltd., against the judgment and award passed by the learned Member, MACT-XII, Bellary (for short ‘MACT’), in M.V.C. No. 528/2011, 370/2011 and 369/2011. Since these claim petitions arise out of the same accident they are taken up together for disposal.

2. The factual matrix of these appeals are as under: On 26.07.2010 at around 5.30 p.m. near Raravi-Hagari bridge C.C. Road when a motorcycle bearing no. AP-21/AC- 2611 had been ridden by Pompapathi @ Pompanna along with his friend Jindasab while coming back from Halekote Mutt after taking Darshanam of Godess, a Tata Spacio vehicle bearing Reg. No. AP-21/L-9186 which came from the opposite direction being driven in a rash and negligent manner and hit to their motorcycle and also to another motorcycle, as a result of which, they fell down and sustained injuries. Respondent No.2 namely K. Srinivas is the driver of the offending vehicle, whereas the respondent no.3- Subbarayudu is the own































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