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2019 Supreme(Kar) 109

P.G.M.PATIL
DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD. – Appellant
Versus
HANMANTHA – Respondent


Advocates:
Advocate Appeared:
Sudarshan M, Adv., S.S. Sajjanshetty, Adv.

JUDGMENT

P.G.M. PATIL, J.

1. Heard learned counsel for the appellants and the respondents in both the cases.

2. The appeal is filed by the Oriental Insurance Company and MFA CROB is filed by the claimants, being aggrieved by the judgment and award dated 16.06.2012, passed by the MACT-II, Yadgiri in MVC No.19/2006.

3. For the sake of convenience, I shall refer the parties with their ranks before the Tribunal.

4. It is the case of the claimants that on 01.09.2005 at about 11.30. p.m., the petitioners and their mother Bhagamma were proceeding in the Jeep bearing No.AP-1/T-6166 on Yadgiri-Hattikuni road and when they were so proceedings near Ganga Nagar village, the driver of the said jeep drove the same in a high speed and in the rash and negligent manner resulting that it fell down on the side of the road. The deceased Bhagamma sustained multiple grievous injuries and she died in the government hospital while under treatment. The petitioners have stated that she was hale and healthy prior to the accident and she was aged about 40 years and doing coolie work and was earning Rs.100/- per day. The petitioners were depended on the income of the deceased and they have lost their bread-winner.




















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