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2019 Supreme(Kar) 1858

S.G.PANDIT
SHRIRAM GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
FOUZIYA W/O LATE MOHAMMED ARREF – Respondent


Advocates Appeared:
For the Appellant : SRI. B C SHIVANNE GOWDA, ADV.
For the Respondents: SMT. NIVEDITHA SHETTY, ADV. FOR SRI.NAGARAJA HEGDE, ADV.

JUDGMENT :

1. The insurer is in appeal, being aggrieved by the quantum of compensation awarded under the judgment and award dated 17.12.2014 passed in MVC No.652/2012 on the file of the Additional District and Sessions Judge and Additional MACT, Udupi sitting at Kundapura (hereinafter referred to as 'the Tribunal' for short) whereas the claimants are in cross objections praying for enhancement of compensation.

2. The claim petition was filed under Section 166 of the Motor Vehicles Act, claiming compensation for the death of one Mohammed Areef in a road traffic accident. The claimants are wife and children of late Mohammed Areef. It is stated that on 14012010, when the deceased was proceeding on his motorcycle bearing registration No.KA20/S3738, a lorry bearing registration No.KA20/C6786 came in a high speed and in rash and negligent manner and dashed to the motorcycle on which, the deceased was proceeding. Due to which, the deceased fell down and sustained grievous injuries and died on the spot. The deceased was aged 32 years as on the date of accident and was working as a coo

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