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2005 Supreme(Kar) 235

DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
KALLAPPA CHANNAPPA HANCHIMANI – Respondent


Advocates:
P.B.Raju, Sarijay S.Katageri

HULUVADI G. RAMESH, J.

( 1 ) THIS is an appeal by the insurer being aggrieved by fixing of the liability regarding payment of compensation for the damage caused to the claimant's property in M. V. C. No. 2398/2002, by the III Addl. Civil Judge (Sr. Dn.) and Addl. MACT. , Begum. The claim petition was filed by the claimant-respondent No. 1 stating that on 18. 9. 2002 around 7. 00 PM. one Shekhar Basawaneppa Bodaki and his wife were returning from their agricultural land to home in the bullock cart carried by two bullocks belonging to the said Shekhar. Shantawwa being relative of the said Shekhar was using the bullock cart for the purpose of agriculture and they were proceeding towards Hirebagewadi in left-side of the road by observing the traffic rules. But, in the meanwhile a goods truck bearing No. MEH-5086 came from Hirebagewadi side in a rash and negligent manner in a great speed and dashed to the bullock cart. Due to the in, both Shekhar and his wife sustained pact grievous injuries and thereafter one of the bullocks died and another bullock sustained injuries. Further, the bullock cart was completely damaged. Claiming compensation for the damage to the bullock cart, an indepen












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