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2023 Supreme(Online)(Kar) 31695

KARNATAKA HIGH COURT
NEW INDIA ASSURANCE CO LTD – Appellant
Versus
SRI.NARAYANAPPA – Respondent


JUDGMENT

These three appeals are preferred by the insurance company challenging the common judgment and award passed by the VI Additional Judge Court of Small Causes, MACT at Bengaluru City dated 1.3.2014 in MVC Nos.8535/2010, 8536/2010 and 8537/2010. These appeals are premised on the ground that the impugned judgment and award passed by the Tribunal is illegal, perverse and hence to set aside the same.

2. The parties shall be referred to as per their rankings before the Tribunal.

3. Brief facts of the case are that on 26.9.2010 at about 03.00 p.m., the claimant (in MVC No.8537/2010), one Prabhakar, was riding the motor cycle bearing registration No.CKS 2720 with his friends viz. Upendrakumar and Harish as pillion riders. While they were so proceeding on the motor cycle on Bangalore ring road, near Sumanahalli Road so as to go to Laggare at Kempegowdanagar, at that time, a lorry bearing registration No.KA-05-B-3050 belonging to respondent No.1, driven by its driver, in a rash and negligent manner at high speed so as to endanger human life, dashed against the motor cycle ridden by Prabhakar thereby causing serious injuries to the rider as well as two pillion riders. Due to the acciden

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