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2003 Supreme(Kar) 95

M.F.SALDANHA, M.S.RAJENDRA PRASAD
BALAKRISHNA N. SHETTY – Appellant
Versus
B. K. IBRAHIM – Respondent


Advocates:
H.KUMARASWAMY, K.V.BHUVANENDRA, S.V.HEGDE MULKHAND, S.V.HEGDE MULKUND, T.N.Keshavamurthy

SALDANHA, J.

( 1 ) WE have heard the learned Counsel on both sides in these two appeals.

( 2 ) CERTAIN arguments of consequence have been advanced by both the learned Counsel, which would have bearing on several other similar situation having regard to the modality of driving and the injuries occurring in the student community and consequently, it is necessary for us to record our findings with regard to the submissions canvassed. Both the deceased were students who were riding on a motor cycle on 8. 2. 1989 at about 7 p. m. near Nanthoor which is on the outskirts of Mangalore city, incidentally on the national Highway by-pass. As a result of the recklessness on the part of another motor cyclist who brushed against this motor cycle, the two boys who ware 3rd year BDS students were thrown off the vehicle, landed on the road and were immediately run over by a speeding truck. They died instantaneously and the claim petitions have been presented by their parents.

( 3 ) THE principal contention raised before that Tribunal was two fold: the first being that the parents had virtually over-reached themselves in finding requisite funds for the purpose of educating the sons particularly thro










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