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2020 Supreme(Kar) 105

S. R. KRISHNA KUMAR
Branch Manager, Reliance General Insurance Co. Ltd. – Appellant
Versus
Devikamma @ Devakemma W/o Laxman Karenavar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri C.S. Kalaburagi, Advocate
For the Respondent:Sri S.S. Sajjanshetty, Advocate, Sri Sanjay A. Patil, Advocate, Sri S.V. Paraddy, Advocate

JUDGMENT :

Both the appeal and the Cross-Objections are filed challenging the impugned judgment and award dated 4.3.2010 passed in MVC No.961/2009 by the Senior Civil Judge and XII Addl. MACT, Shorapur whereby the Tribunal allowed the claim petition filed by the claimants thereby awarding compensation in a sum of Rs.6,90,000/- in favour of the claimants towards death of one Gangappa in a fatal road traffic accident that occurred on 10.05.2009.

2. MFA No.31002/2010 is filed by the Insurance Company questioning its liability to pay compensation. MFA CROB No.1044/2011 is filed by the claimants seeking enhancement of compensation.

3. The brief facts giving rise to the above appeals are as follows;

The claimants are the mother, wife and children of the deceased Gangappa who died in a road traffic accident that occurred on 10.05.2009. In the claim petition it was contended that the deceased Gangappa was the owner of the Auto bearing registration No.KA-33/6292. It was contended that on 10.05.2009 Gangappa’s father-in-law took the said vehicle on hire basis for the purpose of a marriage

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