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2019 Supreme(Kar) 2160

B.V.NAGARATHNA, ASHOK G.NIJAGANNAVAR
Legal Manager, Reliance General Insurance Co Ltd – Appellant
Versus
Veeresh Shivashimpi – Respondent


Advocates:
Advocate Appeared:
Gurudev Prasad K.T., Adv., Pradeep B, Adv.

JUDGMENT :

B.V. Nagarathna, J. - Though this appeal is listed for admission, with consent of learned counsel on both sides, it is heard finally.

2. For the sake of convenience the parties herein shall be referred to as per their ranks referred to before the trial Court.

3. This appeal is filed by the Insurance Company assailing the judgment and award passed by the V Additional Small Causes Judge and XXIV ACMM, Court of Small Causes, Mayo Hall Unit, Bengaluru (hereinafter referred to as 'the trial Court' for the sake of brevity) dated 02.08.2017 in MVC No.6543/2016 on the quantum of compensation awarded by the trial Court.

4. Briefly stated the facts are that a claim petition was filed under Section 166 of Motors Vehicle Act, 1989 by the parents and younger brother of Manjunath Veeresh Shivashimoi, who died in a road traffic accident that occurred on 24.09.2016. According to the claimants on that day at about 8.30 a.m., Manjunath Veeresh Shivashimoi was riding a motorcycle bearing registration No.KA-25-EJ-4350 on Nallurahalli-Siddapura Main Road near Spectra Palmwoods Apartments,


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