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2020 Supreme(Kar) 2198

SURAJ GOVINDARAJ
Catherine Louis A W/O Late Louis Joseph – Appellant
Versus
Kengaiah S/O Lae Hanumanthaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Cuckoo Delhi, Advocate
For the Respondent:Sri. T. Sheshagiri Rao, Advocate, Sri. Ravish Benni, Advocate

JUDGMENT :

1. The appellant is before this Court challenging the judgment of IX Additional Small Causes and Additional MACT, Bangalore (SCCH-7) in MVC No.2835/2012 dated 27.01.2015.

2. On 09.12.2011, at about 8.15 p.m., the deceased Louis Joseph was riding a Luna slowly and cautiously on the left side of the road on Ayyappa Swamy Cross Road junction of the Nala Road, observing all the traffic rules and regulations, at that time, a Canter Lorry bearing Registration No.CAW-1688 driven by its driver came in a high speed, in a rash and negligent manner without observing traffic rules and dashed against the Luna from behind, due to which, he fell down and sustained severe head injuries as also injuries to the whole body. He was immediately shifted to St.Philomena Hospital, Bangalore, wherein the doctor declared him as dead at 8.50 p.m. The deceased was working at Williams Bakery Private Limited, Bangalore as Kitchen Helper and claimed to be receiving salary at a sum of Rs.10,000/-p.m., as also he was operating novelty store in the afternoon and was earning a sum of Rs.6,000/- p.m. the

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