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2020 Supreme(Kar) 933

ALOK ARADHE, H.T.NARENDRA PRASAD
United India Insurance Co Ltd. Divisional Office Rama Bhavan Complex Near Nava Bharath Circle Mangalore By Its Manager, Bangalore – Appellant
Versus
Mary – Respondent


Advocates Appeared:
B.A. Ramakrishna, Advocate, H.R. Renuka, Advocate, Santosh Kumar, Advocate, Guruprasad B R, Advocate, M. Chamaraj, Advocate

JUDGMENT

Alok Aradhe, J. - M.F.A.No.6447/2016 has been filed by the Insurance Company, whereas M.F.A.No.5729/2016 has been filed by Karnataka State Road Transport Corporation (hereinafter referred to as 'the KSRTC' for short). Since, both the appeals arise out of the accident, which took place on 23.04.2012 as well as from the judgment dated 27.04.2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal', for short), they were heard together and are being decided by this common judgment.

2. Facts leading to filing of these appeals briefly stated are that on 23.04.2012, deceased Johnson P.S. was proceeding as pillion rider in motor cycle bearing registration No.KA05-HF-7820 towards Belthangady side. When they reached near Kasba Village at about 8.45 p.m., the rider of the motor cycle drove the motor cycle in a rash and negligent manner and dashed against KSRTC bus bearing registration No.KA19-F-2489, which was being driven in a high speed and in a rash and negligent manner from opposite direction. Both the vehicles collided with each other and the occupants of the motor cycle were thrown on the road and sustained grievous injuries and succumbed to t

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