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2018 Supreme(SC) 262

DIPAK MISRA, A. M. KHANWILKAR
SHIVAWWA – Appellant
Versus
BRANCH MANAGER, NATIONAL INDIA INSURANCE CO. LTD. – Respondent


JUDGMENT

A.M. Khanwilkar, J.

1. This appeal emanates from the judgment of the High Court of Karnataka dated 9th July, 2015 in M.F.A. No.4401/2008 (MV) which had allowed the appeal filed by respondent No.1 (Insurance Company) and set aside the award of the Motor Accident Claims Tribunal (for short “the Tribunal”) granting compensation to the appellants.

2. A claim petition was filed in reference to the death of one Chanabasayya Sidramayya Hiremath, son of appellant No.1 and brother of appellant No.2 herein. On 23rd January, 2001, the deceased was returning, after unloading food-grains, on tractor-trailer bearing No. KA-29/T-1651/T-1652 belonging to respondent No.2, and being driven by an employee of respondent No.2, one Mallikarjuna Beemappa Ganiger. At around 1.00 AM, it is alleged that owing to the rash and negligent driving of the said Mallikarjuna Beemappa Ganiger, the deceased fell off the tractor-trailer and suffered fatal injuries. A claim petition under Section 166 of the Motor Vehicles Act, 1988 was subsequently filed before the Tribunal, Bagalkot, by the legal representatives of the deceased seeking compensation of Rs. 8 lakh from respondent No.1 - insurance company, respo








































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