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2019 Supreme(Kar) 1717

B.V.NAGARATHNA, H.T.NARENDRA PRASAD
CLAIM MANAGER, CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
EDNA LEMUEL MABEN, W/O. LEMUEL DEVADATTA MABEN – Respondent


Advocates Appeared:
For the Appellant :SRI O. MAHESH, ADVOCATE
For the Respondent:SRI SRIDHAR D.S., SRI H.M. CHIDANANDA, ADVOCATE

JUDGMENT :

Though this appeal is listed for admission, with the consent of learned counsel on both sides, it is heard finally.

2. The insurance company has preferred this appeal, assailing the judgment and award passed by the Principal Motor Accident Claims Tribunal at Bengaluru (hereinafter referred to as the ‘Tribunal’ for the sake of brevity) dated 15.07.2016 in M.V.C.No.4340 of 2014.

3. For the sake of convenience, the parties shall be referred to in terms of their status before the Tribunal.

4. The respondent – claimants filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act’, for the sake of brevity) claiming compensation of Rs.20,00,000/on account of the death of their son Crispin Hubert Maben @ Maben Crispin Hubert Lemuel in a road traffic accident that occurred on 01.08.2014 at about 3.00 p.m., opposite 8th cross, 29th Main Road, B.T.M. 2nd stage, Bengaluru 560 076. According to the claimants, on the said date, Crispin Hubert Maben was riding motor cycle bearing No.KA01/HF-8853 on 29th Main Road, B.T.M. 2nd stage, Be

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