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2020 Supreme(Kar) 2287

KRISHNA S.DIXIT, P.N.DESAI
Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Raju – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Preeti Patil Melkundi, Adv.
For the Respondent: Sachin M. Mahajan and Venkatesh C. Mallabadi, Advs.

JUDGMENT :

P.N. Desai, J.

1. Aggrieved by the judgment and award in MVC. No. 517/2012 dated 26.11.2014 by the II Additional M.A.C.T. and Additional District and Sessions Judge, at Bidar, the Insurer has filed this appeal. The respondents No. 1 to 3 are the son and daughters of the deceased-Parvati respectively, and they happen to be the claimants. Respondent No. 4 is the owner of the vehicle who was the respondent No. 1 before Motor Accident Claim Tribunal, (hereinafter shortly referred as 'M.A.C.T.').

2. The brief contention of the claimants before the M.A.C.T. was:-

That on 04.08.2012 in the morning the deceased-Parvati along with her son i.e., claimant No. 1 had been to their agricultural land bearing Sy. No. 25/A2 situated at village Hippalgaon. After attending the work on the same day they were returning to Bidar on a motorcycle bearing Reg. No. KA-38-E-9961. The deceased was a pillion rider and her son claimant No. 1 was rider of the motorcycle. At about 10.15 a.m. when they came near the land of Ramanna Bombalgi on Chambol-Janwada road, another Honda Shine motorcycle bearing Reg. No. KA-38-K-8150 driven by its rider came behind in a high speed, rash and negligent manner and hit

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