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2022 Supreme(Kar) 682

ASHOK S. KINAGI
Tarabai – Appellant
Versus
Shivanagouda – Respondent


Advocates appeared:
Sanganagouda V.Biradar, Advocate, Manjunath Mallayya Shetty, Advocate

JUDGMENT

1. This appeal is filed by the petitioner under Sec. 173(1) of the Motor Vehicles Act (for short 'the Act') challenging the judgment and award dtd. 30/3/2021 passed by the Motor Accident Claims Tribunal No.XIII, at Vijayapura (for short hereinafter referred to as 'the Tribunal') in MVC No.297/2017 on the ground of quantum of compensation.

2. Parties are referred to as per their ranking before the Tribunal. Appellant is petitioner and the respondents are the respondents before the Tribunal.

3. Facts giving rise to filing of this appeal are that on 9/9/2016 on Sindagi-Vijayapura road, near Kaggod village, deceased was proceeding on a motorcycle from the side of Vijayapura towards Kaggod village, at that time, the driver of the car No.KA-23/N3371 came from opposite side in high speed, rash and negligent manner and dashed to the motorcycle and caused accident. As a result of which, the deceasedSiddangouda fell down and sustained grievous injuries and succumbed to the injuries. The petitioner being the legal heir filed claim petition under Sec. 166 of the Act seeking compensation on account of death of Siddanagouda in the road traffic accident.

4. The first respondent filed the

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