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2020 Supreme(Kar) 1283

H.P.SANDESH
A. Murali – Appellant
Versus
Paramakusham – Respondent


Advocates Appeared:
Suguna R Reddy, Advocate, Mohan Kumar T, Advocate, K. Vishwanatha, Advocate, T.V. Nanjegowda, Advocate

JUDGMENT

H.P. Sandesh, J. - M.F.A.No.183/2010 is filed by the claimant challenging the judgment and award dated 27.10.2009, passed in M.V.C.No.34/2006, on the file of the Fast Track Court, KGF ('the Tribunal' for short), questioning the quantum of compensation awarded.

2. M.F.A.No.6743/2011 is filed by the Insurance Company challenging the judgment and award dated 31.05.2011, passed in M.V.C.No.7/2010, on the file of the Principal Senior Civil Judge and MACT, KGF ('the Tribunal' for short), questioning the maintainability of the petition under Section 163A of the Motor Vehicles Act, 1988 ('the Act' for short) and granting compensation of Rs.4,70,000/- with interest at the rate of 6% per annum from the date of petition till realization.

3. These two appeals are arising out of the same accident, which took place on 20.9.2006. Hence, both the appeals are taken up for common disposal, even though the judgment and award are distinct.

4. The parties are referred to as per their original rankings before the Tribunal to avoid the confusion and for the convenience of the Court.

5. The factual matrix of the case is that the claimants in M.V.C.No.7/2010 are the legal heirs of the deceased Rame

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