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2020 Supreme(Kar) 2007

ALOK ARADHE, E.S.INDIRESH
Tata AIG General Insurance Company Ltd. – Appellant
Versus
N. Manjula @ Geetha – Respondent


Advocates:
Advocate Appeared:
A.N. Krishna Swamy, B.N. Muralidhar.

JUDGMENT :

ALOK ARADHE, J.

1 In this appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) the appellant insurer has assailed the validity of the judgment dated 19.11.2015 passed by the Motor Accidents Claims Tribunal (hereinafter referred to as the Tribunal for short).

2. Facts giving rise to the filing of the appeal briefly stated are that on 14.09.2014, the deceased N. Janardhana was driving a motorcycle and proceeding from Madanapalle town towards Ramasamudram town along with his friend namely Raghunath @ Raghu. When they reached near Gajjalavaripalle cross on Ramasamudram Madanapalle road at about 5.30 p.m., an Eicher tempo bearing registration No.AP-12 W-0987 came from opposite direction which was being driven by its driver in a rash and negligent manner and dashed against the motorcycle. As a result of the aforesaid accident, the driver of the motorcycle as well as the pillion rider sustained grievous injuries. The deceased was immediately taken to a private hospital at Madanapalle. Thereafter, the deceased was shifted to Tirupathi and he succumbed to his injuries at 8 p.m. on that very day.

3. Thereupon, the claimants filed

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