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2019 Supreme(Kar) 487

BELLUNKE A.S.
Divisional Manager, United India Insurance Co. Ltd. – Appellant
Versus
Savitri W/o Late Manju Naik – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. N.R. Kuppelur, Adv.
For the Respondent: Sri. S. S. Yaligar, Adv.

JUDGMENT :

1. MFA No.21440/2012 has been preferred by the United India Insurance Company Limited, Hospet for the liability fastened on it, and MFA Crob No.100158/2015 has been preferred by the claimants for enhancement of the compensation against the judgment and award passed in MVC No.482/2010 on the file of Additional Motor Accidents Claims Tribunal (herein after referred to as Tribunal), Fast Track Court-I, Koppal, dated 27.12.2011.

2. The brief facts of the case for the purpose of the appeal and cross objection are that, on 17.05.2010 one Manju Naik and others were traveling in tractor and trailer bearing registration No.KA.35.M.2867.T.2719 from Kamalapur to Hospet road. The said tractor driven by respondent No.1. When the tractor reached near Ganesh Temple, another tractor and trailer bearing registration No.KA.35.T.6015/6016 came in a high speed, rash and negligent driving of the driver of the said tractor and trailer and thereby dashed to the tractor and trailer in which the deceased Manju Naik was traveling. On account of the said accident, both the tractor and trailer to

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