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2020 Supreme(Kar) 1990

ALOK ARADHE, RAVI V.HOSMANI
Sushma K M W/o Late Raghavendra – Appellant
Versus
Reliance Gen. Ins. Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. K. Shantharaj, Adv.
For the Respondent: Sri. B. Pradeep, Adv., Sri. V. Vishwanath Shetty, Adv.

JUDGMENT :

1. MFA No.4493/2016 has been filed by the Insurance Company whereas MFA No.7372/2016 has been filed by the claimants against the judgment dated 14.03.2016 passed by the Motor Accident Claims Tribunal. Since both the appeals arise out of the same accident, they are heard together and are being decided by this common judgment.

2. Facts giving rise to the filing of the appeal briefly stated are that on 23.03.2014 at about 5.45 p.m. when the deceased Raghavendra B. was driving a moped at B.B.Road near railway bridge byepass, at that time, a car bearing registration No.KA03 D3508 which was driven by its driver in a rash and negligent manner hit the moped of the deceased. As a result of the accident, the deceased sustained grievous injuries and ultimately succumbed to the injuries.

3. The claimants namely wife, parents and girl child of the deceased filed a petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) on the ground that the deceased was aged about 29 years at the time of accident and was employed as Service Engineer in BNB Security and Automation and was earning Rs.30,000/- p.m. It was further submitted that the dece

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