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B. V. NAGARATHNA, SATISH CHANDRA SHARMA
Sachin Yallappa Usulkar – Appellant
Versus
Vijayata – Respondent
JUDGMENT :
(Satish Chandra Sharma, J.)
1. Leave Granted.
2. The Appeal is arising out of the common impugned judgment and final order dated 25.05.2022 in M.F.A. No. 101253 of 2019 (MV-D) filed by Respondent Nos. 1-2/Claimants seeking enhancement of compensation and M.F.A. No. 101435 of 2019 (MV-D) filed by the Appellants/Owner of Vehicle. The High Court of Karnataka, Bench at Dharwad (hereinafter “High Court”), partly allowed the appeal filed by Respondent Nos. 1-2/Claimants and dismissed the appeal filed by Appellants/Owner.
FACTUAL MATRIX
3. The facts relevant for the disposal of the present case are that on 13.01.2016, deceased Vijay Jumnalkar, husband of the 1st claimant, father of the 2nd claimant and son of the 3rd claimant along with his friend Shri Ravi s/o Vasanath Gurav had been to Vijaya Nagar, Belagavi to meet one of his acquaintances and when both of them reached the road near Atawadkar Layout, Vijaya Nagar, offending Bolero vehicle bearing registration No. KA-22-P-1449 (hereinafter “Vehicle”) being driven by its driver in a rash and negligent manner and in high speed came from Sainandan Residency towards Atawadkar layout and dashed against the deceased. The deceased was d
The court clarified that a minor cannot be held liable for an accident if evidence shows they were not driving the vehicle at the time of the incident.
The court established that the accident was primarily caused by the deceased's negligent conduct in crossing the road, resulting in dismissal of the claim for compensation.
The court established that both drivers were negligent in causing the accident, leading to equal apportionment of liability for compensation.
The main legal point established in the judgment is the duty of the tribunal to conduct a proper inquiry, appreciate relevant facts, and follow basic principles of law in determining liability and co....
The main legal point established in the judgment is the use of evidence and legal provisions to determine liability and calculate compensation in a motor vehicle accident case.
Liability for motor accident compensation determined based on the driver’s negligent actions, with the court emphasizing contributory negligence principles and proper evaluation of income for compens....
The main legal point established in the judgment is the reliance on consistent and uncontradicted evidence, including eyewitness testimonies and corroborating documents, to prove the involvement of t....
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