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2020 Supreme(Kar) 1608

S.SUJATHA, E.S.INDIRESH
B. V. Gopala – Appellant
Versus
Mehaboob Pasha – Respondent


Advocates Appeared:
Shripad V Shastri, Advocate, O. Mahesh, Advocate

JUDGMENT

S. Sujatha, J. - This appeal emanates from the judgment and award of the First Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal VII at Shivamogga ['Tribunal' for short] dated 19.07.2016 passed in MVC No.121/2015 whereby claim petition filed under Section 166 of the Motor Vehicles Act, ['Act' for short] by the appellants/claimants seeking compensation on account of the death of Sripada.B.V in motor vehicle accident has been allowed in part.

2. The parties are referred to as per their status before the Tribunal for the sake of convenience.

3. The claim petition was filed by the claimants, who are the brothers of deceased Sripada.B.V contending that the deceased while traveling on his Bajaj Pulsar bike bearing registration No.KA-14/Y-2660 on 24.07.2014 at about 06.30 a.m., met with the road traffic accident owing to the actionable negligence of the driver of the Maruti Swift car bearing registration No.KA-20/P-5156 [offending vehicle]. Due to the said impact, the bike was dragged for more than 40 feet. Sripada.B.V sustained multiple injuries to the vital parts of the body and succumbed to the said injuries on the spot. It was contended that the decea

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