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2020 Supreme(Kar) 1335

ALOK ARADHE, M.I.ARUN
Sherly Jeevan – Appellant
Versus
R. K. S. Infra Tech Pvt Ltd – Respondent


Advocates Appeared:
Narayana V S, Advocate, C. Venkatesha, Advocate, Ashok N Patil, Advocate, V.S. Narayan, Advocate

JUDGMENT

Alok Aradhe, J. - M.F.A.No.5654/2016 has been filed by the claimants seeking enhancement of the amount of compensation, whereas, M.F.A.No.2961/2016 has been filed by the insurance company against judgment dated 30.01.2016 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as 'the Tribunal' for short). Since, both the appeals arise out of the same accident and from the same judgment, they were heard analogously and are being decided by this common judgment.

2. Facts leading to filing of these appeals briefly stated are that on 22.04.2013 deceased Sanjay was riding bullet motor bike bearing registration No.KA21- EL-6251 on Kanakapura Main Road. When he reached in front of Khoday s Factory, one concrete mixer lorry bearing registration No.KA01-AA-51177, which was being driven in a rash and negligent manner by its driver in high speed dashed against the motor bike of the deceased. As an impact of the aforesaid accident, the deceased sustained severe injuries and succumbed to the same.

3. Thereupon the claimants viz., the parents filed a petition under Section 166 of the Act inter alia on the ground that deceased was a student of Engineering College and was a

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