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2021 Supreme(Kar) 603

S.SUJATHA, M.I.ARUN
Divisional Manager, Cholamandalam GIC Ltd. – Appellant
Versus
V. Jayalaxmi Shetty – Respondent


Advocates Appeared:
For the Appellant : Pradeep B.
For the Respondents: Nagaraja Hegde.

JUDGMENT :

M.I. Arun, J.

1. Aggrieved by the judgment and award dated 04.10.2017 passed by the Additional Motor Accidents Claims Tribunal, Udupi, Kundapura (for short 'the Tribunal') in MVC No. 653/2015, respondent No. 2-Insurance Company has preferred MFA No. 968/2018 and the petitioners therein have preferred MFA No. 3047/2018.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that on 19.05.2015, at about 3.20 p.m., the deceased Sukumar Shetty was riding his motorcycle bearing registration No. KA-15/K-1502 from Hosangadi towards Siddapura side. When he reached near Mattiberu of Siddapura village, Kundapura Taluk, at that time, a lorry bearing registration No. KA-16/A-3776 belonging to respondent No. 1 and insured with respondent No. 2 being driven by the rider (sic driver) in a rash and negligent manner dashed against the said motorcycle. Due to the said impact, the deceased Sukumar Shetty sustained severe injuries and died on the spot. Hence, the petitioners preferred MVC No. 653/2015 and clai

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