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2019 Supreme(Kar) 765

K.SOMASHEKAR
M. R. Prabhavathi – Appellant
Versus
Branch Manager National Insurance Co Ltd – Respondent


Advocates:
Advocate Appeared:
Asha B.L., Adv., M. Narayanappa, Adv.

JUDGMENT :

K. Somashekar, J.

Though this appeal is listed for admission, with the consent of learned counsel on both sides, the matter is taken up for final disposal.

2. Being not satisfied with the quantum of compensation awarded by the Tribunal, the appellants/claimants have filed this appeal against the judgment and award dated 28.01.2015 rendered by the Addl.Senior Civil Judge & CJM, Mandya in MVC No.272/2013.

3. The factual matrix of the appeal is that on 9.12.2012, deceased Puttaswamy @ Manteswamy had been to Sathanur village, for calling the workers for doing wood work by proceeding in motor cycle bearing No.KA.11/L 6083 from Sathanur towards Malavalli slowly and cautiously on the left side of the road. At about 8.30 p.m., near Banasamudra gate, N.H.209, Kanakapura Malavalli Main Road, a Maruthi 800 bearing regn.No.KA.05/N 9956 being driven by its driver in a rash and negligent manner with high speed came from Malavalli towards Halagur and dashed against the motorcycle. Due to the said impact, deceased fell down and sustained grievous injuries. Immediately, he was shifted to

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