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2023 Supreme(Kar) 770

J. M. KHAZI
Bheembai – Appellant
Versus
Shrikanth – Respondent


Advocates appeared:
S.S.Aspalli, Advocate, Harshavardhan R.Malipatil, Advocate

JUDGMENT/ORDER

1. Not being satisfied with the quantum of compensation and also fixing the liability on the owner and thereby exonerating the insurance company from payment of compensation, appellants who are petitioners before the Trial Court have come up with this appeal.

2. For the sake of convenience, the parties are referred to by their rank before the Tribunal.

3. It is the case of the petitioners that they are the wife, mother and siblings of deceased-Ramesh. On 10/11/2015 deceased-Ramesh was proceeding on his motorcycle bearing Reg.No.KA-32-Y-2903. At around 11:30 p.m. when he was opposite to Gurupadeshwar temple of Manna Ekheli on Muttangi-Madaragi road, a Ape Goods Auto bearing Reg.No.KA-32-C-0694, driven by its driver in a rash or negligent manner came and dashed against the motorcycle of deceased. He sustained grievous injuries. While undergoing treatment at Gandhi Hospital, Musheerabad of Secundrabad, he died on 13/11/2015.

3.1 Deceased was aged 25 years, earning Rs.12,000.00 per month. Petitioners were dependents on him. As owner and insurer respondents are jointly and severally liable to pay the compensation.

4. Before the Tribunal respondent No.1 remained ex parte.

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