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2021 Supreme(Kar) 138

M.NAGAPRASANNA, SHIVASHANKAR AMARANNAVAR
Branch Manager, National Insurance Co. Ltd. – Appellant
Versus
K. Laxmi W/o Late Laxmi Narasimha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt. Sangeeta Bharashetty, Advocate
For the Respondent: Sri. Sanganagouda.V.Biradar, Adv., Sri.Arunkumar Amargundappa, Adv.

JUDGMENT :

M.Nagaprasanna, J

These appeals are filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short). The Insurance Company has filed M.F.A.No.32864/2013 questioning the liability and quantum of compensation and MFA No.200431/2014 is filed by the claimants seeking enhancement of compensation determined by the Motor Accident Claims Tribunal ('Tribunal' for short) in its judgment and award dated 17.09.2013 MVC No.225/2013.

2. Since both the appeals arise out of the same Award, they were heard together and are being decided by this common judgment.

3. Brief facts leading to the filing of the present appeals are that on 15.03.2013 the deceased who was working as driver in SLN College of Engineering was proceeding on a motorcycle bearing Regn.No.KA-33/J-3762, at which point in time, a Lorry bearing Reg.No.CNJ-7306 being driven by the first respondent in a rash and negligent manner came from Tippu Sultan circle side and dashed against the motorcycle of the deceased, due to which the deceased fell down and the lorry ran over the body of the deceased and he died on the spot.

4. The claimants namely wife, children and mother of the decea

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