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2021 Supreme(Kar) 130

B. VEERAPPA, RAVI V. HOSMANI
Geetha Kumari B. N. W/O Nataraju M. S. – Appellant
Versus
Relianace General Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Prakash M. H., Advocate
For the Respondent:Sri Ashok N Patil, Advocate

JUDGMENT :

B.VEERAPPA, J.

The claimants, who are the mother, father and brother of the deceased have filed the present Miscellaneous First Appeal against the judgment and award dated 21.11.2019 made in MVC No.1618/2018 on the file of the XIV Additional Senior Civil Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-10), insofar deducting Rs.17,87,336/- out of the compensation awarded, on the ground that the deceased has not contributed any premium to the Insurance Company, personally.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

I. FACTS OF THE CASE

3. It is the case of the claimants that on 10.02.2018, at about 10.30 am, deceased Sagar N, was riding his Honda Activa motorcycle bearing No.KA01/HU-6345 from Bengaluru towards Kanakapura, slowly and cautiously and when he reached near Vani Talkies, opposite to Yallamma Dasappa Kalyana Mantapa, Kanakapura Town, Kanakapura, at that time, the driver of the Tipper Lorry bearing registration No.KA-42/A-6449 drove the same in a rash and negligent manner and dashed against the deceased’s motorcycle. As a result, the deceased fell down on the road along with motor cycle and sustained

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