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2020 Supreme(Kar) 2018

ALOK ARADHE, M. NAGAPRASANNA
R. Jyothi – Appellant
Versus
ICICI Lombard General Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
K.V. Shyamaprasada, A.N. Krishna Swamy.

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 claimants seeking enhancement of compensation determined by the Motor Accident Claims Tribunal ('Tribunal' for short) in its judgment and award dated 10.11.2014 in MVC.No.2524/2013.

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 11.02.2013, at about 7.25 p.m., when the deceased Shiva Kumar was riding his motorbike bearing registration No.KA-04-EP-92 from Bannerghatta towards Nice Road, near Begur Bridge, he dashed into a Lorry bearing registration No.TN-23-AB-9675 which was parked negligently without any signal lights or indicators. Due to the impact of the accident, he sustained injuries and succumbed to the same on the spot.

5. The claimants filed a petition under Section 166 of the Act on the ground that the deceased was aged about 38 years at the time of accident and was working as Granite wor

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