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2020 Supreme(Kar) 2009

P.S.DINESH KUMAR, RAVI V.HOSMANI
Jayamala, W/o. Jitendra Pol – Appellant
Versus
Basaveshwara S/o. Prasad Dumpala – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Sanganagouda V. Biradar, Advocate
For the Respondent:Sri. Rahul R Asture, Advocate

JUDGMENT :

1. Heard Sri. Sanganagouda V. Biradar, learned counsel for the claimants and Sri. Rahul R. Asture, learned counsel for respondent No.2Insurer in these two appeals.

2. MFA No.31917/2013 is presented by claimants seeking enhancement and MFA No.32450/2013 is presented by the insurer challenging judgment and award dated 05.03.2013 passed by the Motor Vehicles Claims Tribunal (hereinafter referred to as ‘Tribunal’ for short) in MVC No.1162/2011.

3. Briefly stated facts of the cases are, on 17.06.2011 one Ratnabai sustained grievous injuries when a car bearing registration No.MH13AC5968 driven in rash and negligent manner dashed against her. She was shifted to the hospital and succumbed to injuries. Her sole surviving legal heir and representative Jayamala and her husband Jitendra presented instant claim petition seeking compensation. On consideration of material on record, Tribunal has awarded Rs.18,05,000/payable with 7% interest.

4. Insurer has presented its appeal contending interaliathat first claimant being a married daughter was not dependent on deceased and not entitled for compensation computed on the basis of loss of dependency.

5. Sri Rahal R. Asture, learned advocate fo

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