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2025 Supreme(Kar) 1761

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Padma Manjunatha Acharya, D/o Narayana Achary – Appellant
Versus
Keshav Naik S/o Baira Naik – Respondent


Advocates Appeared:
For the Appellant :Sri. Nagaraja H.R, Advocate
For the Respondent:Sri. Lakshmi Narasappa, Advocate, For Sri. A.M. Venkatesh, Advocate

JUDGMENT :

UMESH M ADIGA, J.

Both these appeals arises out of judgment and award dated 19th November 2019, passed by the Additional District Judge and Additional MACT, Udupi, Sitting at Kundapura, (for short `Tribunal'), in MVC Nos.635/2018 and 633/2018. The appellant in MFA No.5052/2020 is claimant in MVC No.635/2018 and the appellant in MFA No.4882/2020 is claimant in MVC No.633/2018. Both claim petition arises out of common accident and both the appeals arise out of a common judgment and award, they are taken up together for disposal.

Though this appeal is listed for hearing on admission, with the consent of both the parties it is taken up for final disposal.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. The brief facts of the case are that, on 15.12.2017 the claimants in MVC Nos.635/2018 and 633/2018 were travelling as passengers in a auto rickshaw bearing registration No.KA-47-5099 at Mavinakatte, Bengre, Bhatkal Taluk, and they met with an accident due to rash and negligent riding of the motorcycle bearing registration No.KA-47-J-9582. As a result, the pillion rider of the motorcycle as well as both the passengers in the

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