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2025 Supreme(Kar) 994

IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.SUNIL DUTT YADAV, VIJAYKUMAR A.PATIL
Divisional Controller, K.S.R.T.C. – Appellant
Versus
Sheela W/o. Mahaning @ Hanamanth Jalihal – Respondent


Advocates Appeared:
For the Appellant :SRI. S. C. BHUTI, ADVOCATE
For the Respondent: SRI. SIDDAPPA S. SAJJAN, adv

JUDGMENT :

VIJAYKUMAR A.PATIL, J.

MFA No.104700 of 2024 filed by the Corporation and MFA CROB No.100039 of 2025 filed by the cross objectors/claimants. Both the appeals are arising out of the judgment and award dated 25.06.2024 passed in MVC No.520/2022 by the Additional Senior Civil Judge and MACT-VI, Jamkhandi, [‘Tribunal’ for short]

2. Brief facts leading to filing of these appeals are that on 19.06.2022 one Mahaning was proceeding on motorcycle bearing registration No.KA-48/S-3078. At that time, the driver of the appellant-Corporation bus bearing registration No.KA-19/F- 3367 drove the bus in a rash and negligent manner and dashed the motorcycle resulted in accident and Mahaning sustained grievous injuries and succumbed to the injuries. The wife, children and parents filed a claim petition.

3. The appellant - Corporation filed detailed objection denying his age, income, avocation and aspect of negligence and sought for dismissal of the claim petition. The Tribunal recorded the evidence. Claimant No.1 examined herself as PW1 and got marked Exhibits P1 to P9. The respondent examined RW1, the driver of the bus and got marked Exhibits R1 and R2. The Tribunal, on appreciation of the ora

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