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2019 Supreme(Kar) 1303

H.T.NARENDRA PRASAD
Bharathi AXA GIC Ltd. – Appellant
Versus
Savithramma – Respondent


Advocates Appeared:
B. Pradeep, Adv., B. Chandrashekaraiah, Adv., Chandrashekaraiah, Adv.

JUDGMENT :

H.T. Narendra Prasad, J.

Mfa No.1720/2018 is filed by the Insurance Company challenging the judgment and award dated 26.04.2017 passed by the Senior Civil Judge and XIX MACT, Tiptur (hereinafter referred to as 'the Tribunal' for short) in MVC No.593/2014, whereby the Tribunal has granted a compensation of Rs.16,07,000/- with interest @ 6% p.a. Claimants have also preferred MFA No.4024/2019 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 13.12.2013 at about 12.30 p.m. deceased Ravikumar was riding his motor cycle bearing registration No.KA-44-H-2497 from Petrol Bunk, when he was proceeding in front of Kalpataru Institute of Technology on N.H.206 Road to go to Sharadanagara by crossing Hassan Circle carefully and slowly, at that time, the driver of the lorry bearing registration No.KA- 09-B-0496 driven by its driver in a rash and negligent manner dashed against the motor cycle. Due

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