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2020 Supreme(Kar) 261

H.T.NARENDRA PRASAD
Meenakshi And Others – Appellant
Versus
Vijaya Nemu Poojary And Others – Respondent


Advocates Appeared:
Sri. Sandesh Shetty T., Advocate, for the Appellant; Smt. Geetha Raj, Advocate, for the Respondent No. 2

JUDGMENT

1. This appeal is filed by the claimants challenging the judgment and award dated 1.12.2014 passed by the MACT and II Addl. Sr. Civil Judge, Mangalore D.K. in MVC 1183/2013.

2. Brief facts of the case:

    On 28.3.2013 at about 10.30 a.m., when the deceased Bhaskara was traveling as a pillion rider in motorcycle bearing Registration No.KA-19-U-1082 from Kaikamba towards Kandavara Bailu near Kandavara Padavu Cross, Kandavara Village of Mangalore, a tipper lorry bearing Registration No.KA- 19-D-3854 came in a rash and negligent manner and caused accident. As a result, the deceased sustained grievous injuries and died on the spot. Hence, the mother and brother of the deceased filed the claim petition before the Tribunal. In order to support their case, the brother of the deceased and another witness have been examined as PWs-1 and 2 respectively and submitted 11 documents. On the other hand, the Insurance Company did not examine any witnesses but produced five documents. After appreciation of the evidence, the Tribunal granted compensation of Rs.3,82,000/- with interest at 6% p.a. and directed the Insurance Company to pay 80% of compensation and respondent No.3, owner of the motor

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