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KARNATAKA HIGH COURT
UMESH M ADIGA, J
IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
JAYASINGARAO S/O. VITTALRAO KADAM – Respondent
| Table of Content |
|---|
| 1. court affirms liability of insurer despite identified policy breaches. (Para 1 , 21 , 23) |
| 2. claimant's interdependence with deceased strengthens his compensation claim. (Para 2 , 3 , 8) |
| 3. insurer disputes liability based on policy violations. (Para 4 , 18) |
| 4. dependency claims hinge on cohabitation and mutual support. (Para 6 , 9 , 12) |
| 5. compensation modified to reflect reasonable assessment of dependency. (Para 14 , 24) |
CAV JUDGMENT
This appeal is filed by the respondent No.2-insurer against the judgment and award dated 07.10.2016 passed by the learned Senior Civil Judge & Addl. M.A.C.T., Ramadurg sitting at Saundatti (for short, the ‘Tribunal’) in M.V.C. No. 926/2014.
2. It is the case of the claimant that deceased Pramilabai Abasab Ingale was the elder sister of claimant; she met with an accident on 19.06.2013 while she was going in a PIAGGIO Ape Passenger Rickshaw bearing Reg. No. KA-48-5287 (for short, the ‘offending vehicle’) due to rash and negligent driving of the said vehicle by its driver on Yadawad-Mudhol road, near Roogi cross; she sustained fatal injuries; on the way to the hospital she succumbed to the injuries. It is further contended that claimant is
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