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2020 Supreme(Kar) 2395

N. S. SANJAY GOWDA
Bhagya D/o Late Rajashekharappa M. – Appellant
Versus
Branch Manager, United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Deepak Maganur, Adv. for Sri Chandrashekar P Patil, Adv.
For the Respondent: Sri. C.V. Angadi, Adv.

JUDGMENT :

1. This is an appeal filed by the claimants challenging not only the exoneration of the insurance company from satisfying the award but also claiming enhancement of compensation.

2. The case of the claimants was that their brother Somashekhar was traveling in a Tempo Trax vehicle bearing registration No.KA-37/8496 from Gangavathi to Koppal, when the driver of the vehicle hit a tree, as a result of which, Somashekhar died and some of the other passengers also died while some other passengers suffered in juries.

3. It is their case that the deceased Somashekhara was the sole bread winner and they were entitled to a just compensation on account of his death.

4. The Tribunal, on consideration of the evidence adduced before it, came to the conclusion that the accident did occur on account of the rash and negligent driving of Tempo Trax vehicle which had resulted in the death of Somashekhar. The Tribunal came to the conclusion that the claimants were entitled to a sum of Rs.31,000/-. The Tribunal took the view that the claimants being sisters of Somashekar could not be his dep

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