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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Manager B.M.T.C. Rep. by its Managing Director – Appellant
Versus
Bhagyamma W/o Late Lakkanna – Respondent
| Table of Content |
|---|
| 1. case arises from prior judgment and appeals filed (Para 1 , 2 , 3) |
| 2. accident details and claimants' dependency outlined (Para 5 , 6) |
| 3. respondent corporation denies liability (Para 7 , 8) |
| 4. tribunal concluded accident due to corporation's negligence (Para 10 , 15) |
| 5. corporation's arguments focus on deceased's negligence (Para 12 , 18) |
| 6. compensation awarded needs enhancement under the law (Para 26 , 32) |
| 7. court orders appeal outcomes and compensation details (Para 33 , 34) |
JUDGMENT :
UMESH M. ADIGA, J.
1. These appeals arise out of judgment and award dated 7th January 2022, passed by the XVI Addl. Judge, Court of Small Causes & M.A.C.T. Bengaluru (SCCH-14), (for short `Tribunal'), in MVC.No.1496/2016.
2. MFA.No.4798/2022 is filed by BMTC - owner of the bus (for short `Corporation') and MFA.No.823/2023 is filed by the claimants for enhancement of the compensation.
3. Both these appeals arise out of common judgment, therefore, they are taken up together for disposal.
4. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.
5. The brief facts of the case are that, on 22.01.2016, at about 3.00 p.m., the deceased Lakkanna and his
The Tribunal's findings on negligence of the bus driver and the criteria for calculating compensation were upheld, emphasizing the need for just remuneration as mandated by legal principles governing....
The court established that the bus driver's negligence caused the accident, setting aside prior contributory negligence attribution to the deceased rider, emphasizing that lack of a driving license d....
Kerala Motor Vehicle Rules, 1989, defines the term ‘legal representative’ as “Legal Representative” means a person who in law is entitled to inherit the estate of the deceased if he had left any esta....
The judgment establishes the principle of contributory negligence and provides a detailed framework for calculating compensation in motor accident claims.
The court upheld the Tribunal's compensation award of Rs. 1,13,81,664 for death in a motor accident, affirming negligence solely on the bus driver and proper calculation of damages.
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