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2019 Supreme(Kar) 1282

B.V.NAGARATHNA, ASHOK G.NIJAGANNAVAR
Legal Manager, Iffico Tokio Gic Ltd. – Appellant
Versus
Nagendram Lachi – Respondent


Advocates:
Advocate Appeared:
A.N. Krishnaswamy, Adv., A.K. Bhat, Adv., S.P. Shankar, Adv., Mamatha G. Kulkarni, Adv., S.P. Shankar, Adv., Mamata G. Kulkarni, Adv., A.N. Krishna Swamy, Adv.

JUDGMENT :

ASHOK G NIJAGANNAVAR, J.

Mfa No.7227/2017 is filed by the appellant- Insurance Company assailing the judgment and award dated 17.06.2017 passed in MVC No.1254/2016 by the Member, Prl. Motor Accident Claims Tribunal (hereinafter referred to as "Tribunal", for the sake of brevity), Bengaluru (SCCH-1).

MFA No.7285/2017 is filed by the appellantsclaimants (petitioners) for enhancement of compensation and for modification of impugned judgment and award passed in MVC No.1254/2016.

2. These two appeals arise out of common judgment passed in MVC No.1254/2016 in respect of one and the same road traffic accident.

3. The facts briefly stated are that on 05.01.2016 at about 11.15a.m. the deceased L.Brahmam @ Brahmam Lachi was proceeding on his motorcycle bearing Reg.No.KA-51-L-7251 at J.P.Nagar, 15th Cross on ring road underpass, J.P.Nagar VI Phase, at that time a tipper lorry bearing Reg.No.KA-51-B-7278 came in a rash and negligent manner and dashed to the motorcycle from the rear side. Due to the said impact, the deceased fell down on the road, and the rear wheel of the tipper lorry ran over the head of the deceased, as a result of which, the deceased Brahmam Lachi sustained severe hea

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