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2020 Supreme(Kar) 2061

ALOK ARADHE, H.T.NARENDRA PRASAD
Legal Manager Reliance General Insurance Co. Ltd. – Appellant
Versus
Jalajakshi Kunal P W/o Late Chennappa G – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. B. Pradeep, Adv.
For the Respondent: Sri. G. Ravishankar Shastry, Adv.

JUDGMENT :

1. MFA No.5440/2016 has been filed by the Insurance Company whereas MFA No.6901/2016 has been filed by the claimants under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) being aggrieved by the judgment dated 30.04.2016 passed by the Motor Accident Claims Tribunal. Since both the appeals arise from the same accident and from the same judgment, they were heard together and are being decided by this common judgment.

2. Facts leading to filing of these appeals briefly stated are that on 18.01.2014 at about 10.15 p.m., the deceased Chennappa G. was walking by the side of the road at Gandhinagar in Vorkady Village in Kasaragod District. At that time, one Hyundai Verna car bearing Registration No.KA03 MS8106 which came from Hosangady side towards Anekal, which was being driven in a rash and negligent manner by its driver, dashed against the deceased Chennappa G. As a result of the aforesaid accident, the deceased was thrown on the road and sustained grievous injuries all over the body and succumbed to the injuries on his way to the hospital.

3. Thereupon, the claimants filed a petition under Section 166(1) of the Act, in which inter

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