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2019 Supreme(Kar) 1165

K.SOMASHEKAR
Oriental Insurance Co Ltd – Appellant
Versus
Mary – Respondent


Advocates:
Advocate Appeared:
R. Krishna Reddy, Adv., Manjula Devi R. Kamadalli, Adv., S.V. Hegde Mulkhand, Adv.

JUDGMENT :

K. Somashekar, J.

Though these appeals are listed for admission, with the consent of learned counsel on both sides, the matters are taken up for final disposal.

2. These appeals are preferred against the judgment and award rendered by the Tribunal in MVC No.5327/2013 dated 30.10.2014. MFA No.8093/2014 is filed by the appellants/claimants seeking enhancement of compensation and MFA No.1711/2015 is filed by the appellant/insurance company on the question of liability.

3. The factual matrix of the appeals is as under:

    It is stated in the claim petition that on 10.08.2013 at about 1.30 p.m. when deceased John Basco, was crossing the Hosur Road, near Krishna Theatre at Bommanahalli Bus Stop, Bengaluru, with all care and caution and observing movement of traffic and when the deceased almost reached other end of the road, at that time a Tata Sumo bearing No.KA-02-C-1407 driven by its driver came in high speed, in a rash and negligent manner and dashed against the deceased. As a result of the forced impact, the deceased was knocked to the ground and suffered head and bodily injur

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