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2021 Supreme(Kar) 214

S. SUJATHA, M. I. ARUN
C. N. Kumar S/O C. R. Nagabhushan Rao – Appellant
Versus
Branch Manager Royal Sundaram Alliance Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri Raghu Prasad.B.S., Adv.
For the Respondent: Sri O.Mahesh, Adv., Sri Varun Tallam, Adv.

JUDGMENT :

S. SUJATHA, J.

This appeal is directed against the judgment and award dated 15.09.2018 passed in MVC No.5021/2016 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-18) ['Tribunal’ for short].

2. The claimants being the parents of the deceased Nitin Kumar instituted the petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for the death of their son in the road traffic accident.

3. It was averred in the claim petition that on 11.05.2016 while Nitin Kumar was proceeding along with his two other friends in a car – Maruti Ritz bearing registration No.WB-06-A-9740, due to the rash and negligent driving of the driver of the said vehicle who dashed the vehicle to the lamp post No.PWD/PSR/18, the deceased and other occupants sustained grievous injuries. Immediately they were shifted to SSKM hospital, Kolkata where the doctor declared that the Nitin Kumar was brought dead.

4. It was contended that the deceased was aged about 27 years at the time of the accident and was working as a software engineer and senior co

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