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2019 Supreme(Kar) 1637

B.V.NAGARATHNA, K.NATARAJAN
Regional Manager, Regional Office, United India Insurance Co. Ltd. , Rep. by its Deputy Manager – Appellant
Versus
H. C. Nagabhushan S/o. Late H. S. Chandrashekar – Respondent


Advocates Appeared:
For the Appellant :Sri B.C. Seetharama Rao, Advocate.
For the Respondent:Sri A.K. Bhat, Advocate for Sri Thippeswamy B.C., Advocate.

JUDGMENT :

The insurance company has preferred MFA No.16 of 2018 assailing the judgment and award dated 26/09/2017 passed in MVC No.4209 of 2015 by the VII Additional Judge, XXXII ACMM and Motor Accident Claims Tribunal, Court of Small Causes (SCCH-3), Bengaluru, (hereinafter referred to as ‘the Tribunal’ for the sake of brevity) on the quantum of compensation awarded by the Tribunal to the respondents-claimants, while the claimants have preferred MFA No.2222 of 2018 seeking enhancement of compensation.

2. For the sake of convenience, the parties shall be referred to in terms of their ranking/status before the Tribunal.

3. Briefly stated the facts are that, the claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) seeking compensation of Rs.4,00,00,000/- (Four crores) on account of the death of Ajay Bhushan @ Ajay Chandra in a road traffic accident on 30/05/2015. The claim petition was preferred by the parents and financial dependants of Ajay Bhushan. According to the claimants, on 03/05/2015 at about 03.30 a.m., [wrongly typed

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