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2020 Supreme(Kar) 1339

ALOK ARADHE, M.I.ARUN
Martha Shaila Dsouza – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
B.R. Guruprasad, Advocate, Sandhya Rao P, Advocate, Janardhan Reddy, Advocate

JUDGMENT

M.I.Arun, J. - This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act', for short) has been filed by the claimants being aggrieved by the judgment dated 25.08.2016 passed by the Motor Accidents Claims Tribunal and II Additional Senior Civil Judge, Mangaluru, D.K.

2. Facts giving rise to the filing of the appeal briefly stated are that on 30.05.2013, Noel @ Novel Adolfus D'Souza was proceeding in the car bearing registration No.KA-19-Z-1646 from Chokkabettu towards Katipalla. When the car reached in front of shop of Anthony at Krishnapura, Katipalla of Mangaluru Taluk at about 4.45 p.m. at that time a tipper lorry bearing registration No.KA-19-D-3964 being driven at a higher speed, in a rash and negligent manner by its driver, came from opposite side i.e., on the wrong side of the road and dashed against the car of the deceased. Due to which, the deceased sustained multiple grievous injuries, because of which, he died.

3. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 46 years at the time of accident and was running his own workshop under the name and style of 'Car Trac

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