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2023 Supreme(Kar) 1192

K. S. MUDAGAL, RAMACHANDRA D. HUDDAR
H. S. Girija – Appellant
Versus
K. Shanthi – Respondent


Advocates appeared:
R.Krishna Reddy, Advocate, B.C.Shivannegowda, Advocate, O.Mahesh, Advocate, K.P.Bhuvan, Advocate

JUDGMENT

K.S.MUDAGAL J. - These appeals arise out of the common accident which culminated into several MACT claim petitions and in turn the above appeals as shown in the table below:

2. The brief facts of the case are as follows:

    On 27/12/2010 at 3.30 a.m. one M. Prakash was driving the tempo traveler bearing registration No.KA-01/C-2086 near Pethapuram bridge within the limits of Kaveripatnam Police Station, Tamilnadu. The said tempo traveler rammed into trailer lorry No.TN-30/Y-7179 which was moving ahead of it. In the accident driver M. Prakash, the other inmates of the tempo traveler by name Arunkumar, Bhagyalakshmi, Jayaram Reddy, Pruthvi and Suguna died at the spot itself. The other inmates by name Gayathri, Sudharani, Kishore, Alex, Vinoy Roy and Gowramma suffered injuries. Regarding accident on the basis of complaint of one Manoj-the inmate of the tempo traveler, Kaveripatnam Police registered first information report in Crime No.603/2010 against the driver of the lorry No.TN-30/Y-7179. It was alleged that the said lorry was proceeding in front of the tempo traveler. The driver of the tempo traveler was driving his vehicle in moderate speed, but the lorry driver was driving

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