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2018 Supreme(Kar) 1216

H.P.SANDESH
Oriental Insurance Company – Appellant
Versus
Sannamma W/o Late Thimmegowda – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. B.S. Umesh.
For the Respondents: Smt. Suma Kedilaya, Sri. V. Padmanabha Kedilaya, Sri. Nataraju T. for Sri. V.N. Madhava Reddy.

JUDGMENT :

H.P. SANDESH, J.

1. MFA No. 5572/2011 is filed by the Insurance Company challenging the judgment and award passed in MVC No. 51/2009 dated 15.11.2010 on the file of VI Additional District Judge and MACT, Mysore, questioning the liability fastening on the Insurance Company. MFA Crob. No. 25/2017 is filed by the claimants.

2. The brief facts of the case are that the claimants have filed the claim petition before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 65,75,000/- for the death of one Thimmegowda. It is contended that on 02.04.2008 at about 12.00 noon at ring road junction on Mysore Bangalore road, Mysore, when deceased Thimmegowda was returning with goods in vehicle bearing registration No. KA-11-8311, the driver of the said goods auto rickshaw drove the same in a rash and negligent manner and did not stop the same in a signal and went and dashed against the car bearing registration No. KA-03-N-8853 which was coming from KRS ring road. Due to the impact, the said Thimmegowda, who was sitting in front sustained injuries to head and other parts of the body and he was taken to K.R. hospital, Mysore. But, he expired on the way t

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