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2025 Supreme(Online)(KAR) 8022

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


Advocates:
For the Appellants/Petitioners: SRI.DIVYATHEJ A B
For the Respondents: SMT.GEETHA RAJ

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

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

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.

2. Appellants were claimant Nos.1 to 3 and respondents were respondent Nos.1 and 2 in MVC No.1098/2016 before the Tribunal. Claimant Nos.1 and 2 are the parents and claimant No.3 is the sister of deceased Madhu. For the purpose of convenience, the parties are referred to henceforth according their ranks before the Tribunal.

3. On 28.09.2015 at 2:45 p.m, when Madhu was riding motorcycle bearing registration

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