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2016 Supreme(Kar) 859

S.SUJATH
Bharma Kallappa Murashetti – Appellant
Versus
Karamjeet Kaur – Respondent


Advocates Appeared:
For the Appellant ; Sri. H.M. Dharigond
For the Respondent: Sri. S.N. Rajendra, Sri. S.S. Joshi

JUDGMENT :

S. Sujath, J.

This appeal is directed against the judgment and award dated 11th January 2010, passed by the II Additional Civil Judge (Sr.Dn.) and Additional MACT, Belgaum ("the Tribunal" for short) in MVC No. 2293/2003.

2. Briefly stated the facts are that the appellants were the claimants before the Tribunal. The claimants instituted the claim petition seeking compensation for the death of Shashikant Bharma Murashetti in the road traffic accident, which occurred on 14.06.2008 contending that the deceased met with road traffic accident while proceeding on the motorcycle bearing registration No. MH-03/AD-883 along with his friend as a pillion rider. It was alleged that the said accident occurred owing to the actionable negligence of the driver of the truck bearing registration No. HR-55/B-9905. The insurer contested the claim. The Tribunal after appreciating the evidence on record, fixed 50% of the contributory negligence on the part of the deceased and awarded total compensation of Rs. 2,28,500/-. Being aggrieved, the appellants are before this Court.

3. Heard Sri. H.M. Dharigond, learned counsel appearing for the appellants, Sri. S.N. Rajendra, learned counsel appearing fo
























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