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2019 Supreme(Kar) 607

B.V.NAGARATHNA, K.NATARAJAN
Erannagowda – Appellant
Versus
K. S. Puttaraja – Respondent


Advocates Appeared:
Raghu R, Adv., Janardhan Reddy, Adv.

JUDGMENT :

K. Natarajan, J.

This appeal is filed by the legal heirs of the deceased-Santhosh by assailing the judgment and award dated 15.6.2013 passed in MVC No.91/2012 by the Motor Accident Claims Tribunal at Holenarasipura (hereinafter referred to as 'Tribunal' for the sake of brevity).

2. We have heard the arguments of learned counsel for the appellants as well as learned counsel for the respondent-insurance company and perused the material on record.

3. For the sake of convenience, parties herein shall be referred to in terms of their status before the Tribunal.

4. The claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation of Rs.20,00,000/- inter alia, contending that on 07.05.2012, at about 7.00 p.m., their son Santhosh, while he was walking on the left side of the road near Halalu gate to go to New Shanthi Sagar Hotel, at that time the driver of the car bearing No.KA-13/M-6016 drove the vehicle in a rash and negligent manner and hit the deceased-Santhosh from behind and caused the accident, due to which Santhosh died on the spot. It is contended by the claimants that the deceased was doing

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