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2016 Supreme(Kar) 975

N.K.PATIL, RATHNAKALA
Manager Royal Sundaram Alliance Insurance Company Limited – Appellant
Versus
Chetan T. K. – Respondent


Advocates Appeared:
For the Appellant :O. Mahesh, Advocate
For the Respondent:K.V. Shyamaprasad, Advocate

JUDGMENT :

Rathnakala, J.

1. Both these are appeals preferred assailing the judgment and award passed by the XVI Additional Judge, Motor Vehicles Accident Claims Tribunal-14, Bangalore City, ('the Tribunal' for brevity) whereby the injured claimant is awarded a compensation of Rs. 15,79,000/- along with interest @ 6% per annum. While appellant/claimant in M.F.A. No. 7547/2013 is aggrieved by the inadequacy of the compensation, the Insurance Company challenging its liability to indemnify the risk of the owner of the vehicle/insured, has filed M.F.A. No. 6015/2013.

2. The claimant/Chetan. T.K. filed claim petition before the Tribunal contending that he is the employee of the second respondent; on 19.4.2010 at 2.15 p.m. he was traveling in the car bearing registration No. KA-53/N-5675 during the course of his employment and the said vehicle belonged to his employer; near Sengahalli gate of Kolar to Vijayapura Road, Kolar Taluk, due to the rash and negligent driving of the car with high speed, the vehicle went out of control and it toppled on the left side of the road. Due to the said impact, the injured claimant suffered grievous injuries; after first aid treatment in the nearby hospital






































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