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2017 Supreme(Kar) 1616

B.MANOHAR
Ramanna – Appellant
Versus
Rameez – Respondent


Advocates Appeared:
For the Appellants :Sri. Patel D. Karegowda, Advocate, Sri. H.N. Keshava Prashanth, Advocate
For the Respondent:Sri. H.N. Keshava Prashanth, Advocate, Sri. Y.P. Venkatapathi, Advocate, Sri. Patel D. Karegowda, Advocate

JUDGMENT :

Mr. B. Manohar, J.

The claimants as well as M/s. Sriram General Insurance Company have filed these two appeals challenging the judgment and award dated 30th December, 2011 made in MVC No. 1361/2010 passed by the Motor Accident Claims Tribunal, Tumkur (hereinafter referred to as ' the Tribunal' for short).

2. The claimants being not satisfied with the quantum of compensation and also restricting the liability of the insurance company only to an extent of 50% filed MFA No.3902/2012, whereas the insurance company being aggrieved by the exorbitant quantum of compensation awarded; deducting 1/3rd towards personal expenditure, since the deceased was a bachelor and fastening 50% liability on the insurer of parked lorry has filed MFA.No.5143/2012. Hence, both the appeals are clubbed together and disposed of by this common judgment.

3. The rank of the parties is referred to as arrayed before the Tribunal.

4. The facts leading to the filing of these two appeals are as follows:

The claimants are the father and mother of deceased Harish. They filed a claim petition contending that on 7-8-2010, while the deceased Harish proceeding in a Maruthi Car bearing Registration No.KA-01/N-6994 along













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