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2025 Supreme(Kar) 86

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Ravi V.Hosmani
Tukaram Bhosale, S/O Mallappa – Appellant
Versus
Elizabeth Babu, S/O Pallikunnath Babu – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Smt. Veerani V.Nandi, Advocate
For the Respondent:Sri Sharanabasappa M Patil, Advocate

JUDGMENT :

Ravi V Hosmani, J.

Though matter is listed for admission, with consent of learned counsel appearing for parties, it is taken up for final disposal.

2. Challenging judgment and award dated 13.04.2023 passed by Addl. Senior Civil Judge and JMFC-Bidar, in MVC no.564/2021, this appeal is filed.

3. Smt.Veerani Nandi, learned counsel submitted that appeal was by claimants for enhancement of compensation. It was submitted at 8.30 a.m., on 20.01.2021, when Smt.Sharnamma was walking by side of road near Ranga Mandir, Bidar, driver of car no. MH-02/CB-9216, drove it in rash and negligent manner and dashed against her causing grievous injuries. She was taken to hospital for treatment. However, she succumbed to injuries during treatment. Her husband and three children filed claim petition under Section 166 of MOTOR VEHICLES ACT against owner and insurer of car.

4. On service, owner did not appear and was placed ex-parte. Insurer opposed claim petition on all grounds. Based on pleadings, tribunal framed issues and recorded evidence. Claimant no.1 examined himself as PW.1 and got marked Exs.P-1 to P-8n and closed his side. Respondent did not adduce evidence.

5. On consideration, Tribunal

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