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HIGH COURT OF KARNATAKA
K.S. MUDAGAL, K.S. HEMALEKHA, JJ
THE CLAIM MANAGER ROYAL SUNDARAM GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
SUMALATHA K H – Respondent
| Table of Content |
|---|
| 1. details about the accident and claimants' dependency. (Para 2 , 4 , 6) |
| 2. court's observation on negligence and dependency factors. (Para 8 , 14 , 19) |
| 3. arguments for and against the compensatory claims. (Para 11 , 12) |
| 4. rationale for sustaining negligence findings. (Para 15 , 17) |
| 5. outcome of appeals and maintained compensation. (Para 24) |
JUDGMENT
2. Challenging the impugned judgment and award dated 08.03.2019 in MVC No.816/2016 passed by the Judge, Additional Court of Small Causes and MACT, Mysuru, claimants have preferred MFA No.3164/2020 and the insurer has preferred MFA No.6128/2019.
4. On 11.07.2016 at 9.30 p.m when Raju.S was proceeding on his Bike bearing registration No.KA-45-E-3934 near Kothegala Gate on B.M road Hunusur within the limits of Hunusur police station, the said motorcycle met with accident involving Ape Goods auto bearing No.KA-11-A-9852. Due to the injuries suffered in the accident, Raju S died at the spot. Raju.S was working as Police Constable. Regarding the accident, his colleague one Basappa B.K filed complaint as per Ex.P2 against the driver of the Ape Goods auto before Hunusur Rural Police. Based on the same, Hunusur Rural Police registe
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