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2020 Supreme(Kar) 658

ALOK ARADHE, M.NAGAPRASANNA
Claim Manager – Appellant
Versus
Sabeeha Banu – Respondent


Advocates Appeared:
Kavitha H C, Advocate, O. Mahesh, Advocate

JUDGMENT

Nagaprasanna, J. - These appeals, though listed for admission, are taken up for final disposal with the consent of the learned counsel appearing for the parties.

2. These appeals under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) have been filed by the Insurance Company and the claimants being aggrieved by the judgment dated 02.12.2016 passed by the 5th Additional District and Sessions Court & Additional MACT at Hassan M.V.C.No.905/2015.

3. Facts giving rise to the filing of the appeal briefly stated are that on 06.04.2015, the deceased was riding a motor cycle bearing registration No.KA-53-J- 3488 near the industrial area at Hassan and when he was passing in front of HPCL petrol bunk, was trying to park his motor bike at about 4.00 PM, a lorry bearing registration No.KA-46-1447 which was being driven by its driver in a high speed and in a rash and negligent manner dashed against the bike of the deceased, which resulted in the deceased sustaining grievous injuries on his head, leg, stomach and other parts of the body. The deceased was immediately admitted to the Government hospital at Hassan and was later on shifted to Jan

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