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2025 Supreme(Kar) 226

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M. POONACHA
Mahaboob Jan S/o Abdul Subhan Sab – Appellant
Versus
T Krishna Kishore S/o Smt. Baghyalakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. NAGARAJA REDDY D, ADVOCATE,
For the Respondent:SRI. D. VIJAYKUMAR, ADVOCATE

Table of Content
1. factual background of the appeals. (Para 1 , 2 , 3)
2. court's reasoning on negligence and compensation reassessment. (Para 4 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
3. arguments regarding negligence and compensation. (Para 5 , 6)
4. affirmative answer to compensation enhancement. (Para 16)
5. final order on appeals and compensation. (Para 17)

JUDGMENT :

C.M. POONACHA, J.

Both the appeals are filed calling in question the judgment and award dated 18.3.2016 passed in MVC No.30/2011 by the Senior Civil Judge and JMFC, Gowribidanur, [Hereinafter referred to as ‘Trial Court’]

2. For the sake of convenience, the parties herein are referred as per their rank before the Trial Court.

3. The relevant facts in a nutshell leading to the present appeals are that, claiming compensation for a road traffic accident which occurred on 17.7.2008, the claimant filed a claim petition arraying the driver and owner of the offending bus as respondent Nos.1 and 2 respectively. The respondents entered appearance and contested the claim proceedings. The Tribunal, vide judgment and award dated 18.3.2016, partly allowed the claim petition and awarded a total compensation of Rs.1,39,340/- togethe

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