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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
Heard.
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.
3. Claimant No.1 is the wife and claimant Nos.2 and 3 are the minor daughters of victim Raju.S. At the relevant time, respondent No.1 was the registered owner and respondent No.2 was the insurer of Ape Goods auto bearing No.KA-11-A- 9852. For the purpose of convenience, the parties are referred to henceforth according to their ranks before the Tribunal.
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
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