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2018 Supreme(Kar) 374

S.SUNIL DUTT YADAV
S. N. Kenchanna S/o Narasimhegowda – Appellant
Versus
Anitha W/o Late R. P. Siddalingappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. S.P. Shankar, Sri. Patel D. Karegowda
For the Respondents: Sri. Jaikumar, Sri. S. Srishaila

JUDGMENT :

The matter is admitted and taken up for final disposal with the consent of both the parties.

2. The present appeal is by the owner of the vehicle, who has challenged the order of the Tribunal in MVC No.987/2003, whereby the insurer was exonerated of its liability and instead was fastened on the appellant herein, who is the owner of the vehicle.

3. The parties are referred to by their ranking before the trial Court for the purpose of convenience.

4. The appeal is limited to the challenge as to imposition of liability on the owner and no grievance is made as regards the quantum of award of compensation by the learned Tribunal.

5. The facts made out are that on 19.09.2003, when the deceased was proceeding to Tumakuru from Gubbi after finishing his work on his Hero Honda Bike bearing registration No.KA-06-E-7564, at about 8.00 p.m., a bus bearing registration No.KA-06-B-9069 having its name “Prakasha” collided with the Bike of the deceased. The rider of the bike R.P. Siddalingappa succumbed to the injuries and died. A claim petition came to be preferred stating that the deceased was working as a proprietor of Gajanana Earth Movers, S.V.R Enterprises and was also involved in sand






































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