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2019 Supreme(Kar) 1144

B.V.NAGARATHNA, K.NATARAJAN
New India Assurance Company Limited – Appellant
Versus
S. Shaffi – Respondent


Advocates Appeared:
Thrimurthy, Adv., K.T. Gurudeva Prasad, Adv.

JUDGMENT :

K. Natarajan, J.

1. Though these appeals are listed for admission along with I.A.No.1/2015 for condonation of delay in filing MFA No.6200/2015, with consent of learned counsel on both sides, they are heard finally.

2. Mfa No.4288/2015 is filed by the insurance company while MFA No.6200/2015 is filed by the legal representatives of deceased Irfan, both assailing the judgment and award passed by the Motor Accident Claims Tribunal at Bengaluru in MVC No.6006/2013, dated 12.03.2015.

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

4. The petitioners, who are the claimants have filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'Act') claiming compensation of Rs.25,00,000/- inter alia, contending that on 18.10.2013, at about 5.00 a.m., one Irfan was walking on the extreme left side near flyover towards Hebbal Circle, Bangluru. At that time, a lorry bearing No.AP-09-Y-7624 came from Esteem Mall towards Hebbal ring road at a very high speed in a rash and negligent manner and dashed against him

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