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2019 Supreme(Kar) 1145

H.T.NARENDRA PRASAD
Manager, Sriram General Insurance Company Ltd – Appellant
Versus
Ramappa – Respondent


Advocates Appeared:
Sathisha T, Adv., B.C. Shivanne Gowda, Adv.

JUDGMENT :

H.T. Narendra Prasad, J.

1. M.F.A.No.2839/2018 is filed by the Insurance Company challenging the judgment and award passed by the Prl. Senior Civil Judge and MACT, Madhugiri ('Tribunal' for short) dated 06.10.2017 in MVC No.1081/2016. Claimants have also preferred M.F.A.No. 5306/2018 against the same judgment and award seeking enhancement of compensation. Since the challenge is to the same judgment, both the appeals are clubbed, heard together and are being disposed of by this common order.

2. Brief Facts of the case:

    On 03.09.2016 at about 8.00 a.m. when the deceased Nagaraju was riding a motor cycle bearing registration No.KA50-W-3156 from Sriram Devara temple at Chinnenahalli Village, at that time a TATA ACE bearing registration No. KA-06-D-1284 came from opposite direction driven by its driver in a rash and negligent manner and dashed against Nagaraju. Due to the impact Nagaraju sustained grievous injuries and immediately he was shifted to Government Hospital, Madhurigi. Thereafter, for further treatment he was shifted to Hemavathi Hospital, Tumakuru, later on shift

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