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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MRS K.S.MUDAGAL, MR C.M. POONACHA, JJ
SMT.PREMA W/O CHIKKANNA AGED ABOUT 59 YEARS – Appellant
Versus
SRI CHIKKATHIMMAIAH S/O THIMMAIAH AGED ABOUT 61 YEARS SOMANAHALLI VILLAGE MADDUR TALUK, MANDYA DIST. – Respondent
| Table of Content |
|---|
| 1. claimants assert negligence leading to fatal motorcycle accident. (Para 1 , 2 , 3) |
| 2. dispute over circumstances of the accident and liability. (Para 4 , 5 , 6) |
| 3. court hears arguments and assesses initial evidentiary burdens. (Para 7 , 8 , 9) |
| 4. key issues of negligence and entitlement established. (Para 10 , 11) |
| 5. evidence evaluated, determining liability and legal implications. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 6. compensation award established with supporting legal precedents. (Para 20 , 21 , 22) |
| 7. final ruling stated. (Para 23) |
ORAL JUDGMENT
Challenging the dismissal of their claim petition, claimants in MVC No.1098/2016 on the file of Judge, Principal Court of Small Causes, MACT, Mysuru have preferred this appeal.
3. On 28.09.2015 at 2:45 p.m, when Madhu was riding motorcycle bearing registration No.K.A.09-W-7669 near Kenchanakuppe gate within the limits of Bidadi police station, he met with an accident and died. Regarding the accident, claimant No.2/father filed complaint in Bidadi police station as per Ex.P2 alleging that the driver of the Tipper lorry KA.11-A- 4555 drove the same in rash and negligent manner, hit Madhu’s motorcycle, caused the accid
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