ALOK ARADHE, M.NAGAPRASANNA
United India Insurance Co. Ltd. – Appellant
Versus
Devamma – Respondent
JUDGMENT :
1. This appeal, though listed for admission, is taken up for final disposal with the consent of the learned counsel appearing for the parties.
2. This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) by the Insurance Company challenging the compensation determined by the Motor Accident Claims Tribunal ('Tribunal' for short) in its judgment and award dated 12.01.2016 in MVC.No.5461/2014.
3. Parties will be referred to as per their ranking before the Claims Tribunal.
4. Facts giving rise to the filing of the appeal briefly stated are that, on 01.08.2014, at about 8.00 p.m. when the deceased Nagaraj was standing in front of Gramapanchayath Office gate of Hunakunda Village, Bangarapet Taluk, and conversing with his friends, at that time, one Scorpio Car bearing registration No.KA-01-MA-7728 came towards Hanukunda Village side, driven by its driver in a high speed and in a rash and negligent manner and when the said vehicle was about to take right turn, the driver lost the control over the vehicle and driven on the wrong side of the mud path of the road near the Gramapanchayath Office and hit the deceased. Due t
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