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2023 Supreme(Kar) 933

C. M. JOSHI
Vijayakumar S/o Veerabhadraiah – Appellant
Versus
Rathnamma W/o Late Manunatha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.B. Siddaramaiah.
For the Respondents: O. Mahesh, K. Shantharaj, Anandeeshar D.R.

JUDGMENT :

C.M. JOSHI, J.

1. These two appeals arise out of the judgment and award passed in MVC No. 176/2014 dated 27-9-2017 by the learned Additional Senior Civil Judge and MACT-XIII, Madhugiri and the judgment and award passed in MVC No. 833/2018 dated 01-10-2018 by the learned Principal Senior Civil Judge and MACT, Madhugiri.

2. The parties would be referred to as per their ranks before the Tribunal.

3. The owner of the offending vehicle is before this Court in these appeals assailing the liability fastened upon him by the Tribunals in respect of the accident dated 16.02.2014 at about 4.45 p.m. involving the tractor trailer bearing Reg. No. KA-06-TA-1730-1731.

4. In MVC No. 176/2014, the petitioners are the wife and mother of the deceased Manjunatha and in MVC No. 833/2016, the petitioner is the injured-Narasimhappa.

5. The case of the petitioners in both these cases is that on 16-2-2014 at around 4-45 p.m. the deceased Manjunatha and the injured-Narasimhappa were traveling in a tractor trailer bearing Reg. No. KA-06-TA-1730-1731 as loaders and un-loaders. After unloading the materials at Boda bande Palya while returning at Medigeshi village on Madhugiri- Pavagada road, the driver of

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