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2025 Supreme(Kar) 272

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. POONACHA
Branch Manager, The Oriental Insurance Co Ltd, Represented By Its Deputy Manager – Appellant
Versus
Saraswathi, W/o. Late Sundresh – Respondent


Advocates Appeared:
For the Appellant :Sri. Srinivasa K.N., Advocate
For the Respondents: Sri. P.N. Harish, Adv., Sri. Rakshit Jois, Adv.

JUDGMENT :

(C.M. POONACHA, J.)

The above appeal and cross-objection call in question, challenging the judgment and award dated 07.12.2016 passed by the Senior Civil Judge and JMFC and AMCT, Thirthahalli, [Hereinafter referred as to ‘Tribunal’] Hence, they are taken up together for consideration.

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

3. The relevant facts in a nutshell are that the claimant is claiming compensation for the death of the deceased in a road traffic accident dated 18.01.2013, the wife and parents of the deceased filed a claim petition arraying the owner, driver and insurer of the mini lorry in which the deceased was traveling, at the time of the accident as respondent Nos.1 to 3 in the claim proceedings. The Tribunal partly allowed the claim petition and awarded total compensation of Rs.8,62,000/- together with interest at the rate of 6% per annum. The insurer was directed to pay compensation awarded. Being aggrieved, the insurer has filed the present appeal and the claimants have filed the cross- objection.

4. Heard submissions of learned counsel Sri KN Srinivasa appearing for the appellant / insurer and learn

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