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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Jayamma W/o Shive Gowda – Appellant
Versus
Rangaswamy, S/o Basavarajy Major – Respondent
JUDGMENT :
UMESH M ADIGA, J.
Both these appeals arises out of the judgment and award dated 26.12.2019 passed by the learned Senior Civil Judge and MACT, Belur, in MVC.No.76/2017.
2. MFA.No.4181/2020 is filed by the insurer challenging its liability and quantum of compensation and MFA.No.3948/2021 is filed by the claimants for enhancement of compensation. Since both the appeals arises out of common judgment and award, both are taken up together for final disposal.
3. These matters are slated for orders but with the consent of both the parties, the matters are taken up together for final disposal.
4. The parties are referred to as per their ranking before the Tribunal.
5. The case of the claimants are that one Yashodara was son of claimant Nos.1 and 2 and brother of claimant Nos.3 and 4, met with an accident on 21.10.2015 due to rash and negligent riding of the motor cycle bearing registration No.KA-46-J-3818. As a result, he sustained grievous injuries and while undergoing treatment, he succumbed to injuries on 31.10.2015. It is the further case of the claimant that deceased was aged about 30 years. He was an agriculturist and was earning Rs.30,000/- per month. The claimants were dependen
The court reaffirmed that evidence of actual losses and circumstances surrounding accidents are critical in determining compensation amounts, overriding insurer's claims of foul play without substant....
The court affirmed that compensation should account for future prospects with a 50% addition for a permanent employee and rejected claims of contributory negligence due to insufficient evidence.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
Insurer liable for compensation despite rider's lack of driving license, compensated amount adjusted based on proper income assessment.
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
: Death in motor accident – Where there is no definite evidence about earning of victim guess work can be infused by courts in order to assess earning of deceased.
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