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2021 Supreme(Kar) 615

S.SUJATHA, E.S.INDIRESH
Manager, IFFCO Tokio GIC Ltd. – Appellant
Versus
K. R. Shivarudrappa – Respondent


Advocates Appeared:
For the Appellant : B. Pradeep.
For the Respondents: T. Parameshwarappa.

JUDGMENT :

S. Sujatha, J.

1. The insurer has filed this appeal under Section 173(1) of the Motor Vehicles Act, 1988 ('Act' for short) challenging the judgment and award dated 10.09.2015 passed in MVC No. 2098/2014 on the file of the Motor Accident Claims Tribunal, Bangalore (SCCH-11) ('Tribunal' for short).

2. The facts in brief are that the claimants being the parents and brother of the deceased - K.S. Yogesh preferred the claim petition under Section 166 of the Act seeking compensation for the death of deceased -K.S. Yogesh in the road traffic accident. It was averred in the claim petition that on 16.01.2014 at about 6.45 a.m., while the deceased - K.S. Yogesh was riding his motorcycle bearing registration No. KA-51-EE-6328 on service road of Hosur Main Road, near Veerasandra Gate, the driver of Indica car bearing registration No. KA-53-A-3792 (offending vehicle) dashed the said motorcycle of the deceased due to rash and negligent driving. On account of the said impact, the deceased fell down and sustained grievous injuries. Thereafter, he was shifted to Blossom Hospital for tre

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