Madesha, S/o Mr. Parvashetty vs R. Nallashivam, S/O Late Ramaswamy

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Kar) 58

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M.Joshi
Madesha, S/o Mr. Parvashetty – Appellant
Versus
R. Nallashivam, S/O Late Ramaswamy – Respondent

Advocates Appeared:
For the Appellant :Sri B Keshava Murthy, Advocate
For the Respondent:Sri B S Umesh, Advocate

Table of Content
1. accident details and injuries sustained. (Para 1 , 2 , 3)
2. competing claims on negligence and compensation. (Para 4 , 8 , 9)
3. assessment of medical evidence and functional disability. (Para 5 , 10 , 11 , 12 , 13 , 14 , 15)
4. calculation of compensation based on disability. (Para 16 , 17 , 18 , 19)
5. total compensation entitlement computed. (Para 20)
6. final order and directions of the court. (Para 21)

JUDGMENT :

C.M JOSHI, J.

1. Heard learned counsel appearing for the appellant/petitioner and the learned counsel Sri B. S. Umesh, appearing for respondent No.3-Insurance Company.

2. The petitioner in MVC No.15/2011 is before this Court being aggrieved by the judgment and award of the learned Additional District and Sessions Judge and MACT, Chamarajanagara, sitting at Kollegala dated 21.06.2016.

3. The factual matrix of the case is that on 27.07.2010 at about 06.00 p.m., while the petitioner was driving his TVS Moped bearing No. KA.02.ET.3975 along with a pillion rider near Venkateshwara Garage at about 07.30 p.m., a tempo bearing No.TN.54.Y.7645 driven by respondent No. 1, owned by respondent No. 2 and insured by respondent No. 3 came in a rash and negligent manner and