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2025 Supreme(Online)(KAR) 1591

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
C M JOSHI, J
KASTURIBAI W/O BABU CHAVAN, MOHAN S/O BABU CHAVAN, SUREKHA D/O BABU CHAVAN, SUNIL S/O BABU CHAVAN – Appellant
Versus
PANDIT S/O SONGALU RATHOD – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BABU H. METAGUDDA
For the Respondents: SMT. PREETI PATIL MELKUNDI

Table of Content
1. court facilitates appeal for joint hearing. (Para 1 , 2)
2. factual background of the accident case. (Para 3 , 4)
3. insurance policy dispute over coverage. (Para 5)
4. tribunal's dismissal of claim petition explained. (Para 8)
5. arguments for proving accident and compensation liability. (Para 9 , 10)
6. assessment of accident proof and insurance policy's validity. (Para 11 , 12 , 13)
7. calculation of compensation based on income and standards. (Para 14 , 15)
8. final compensation awarded to petitioners. (Para 16 , 17)

ORAL JUDGMENT

Though, this appeal is slated for admission, the same is taken up for disposal with consent of learned counsel for both the parties.

3. This appeal has a chequered history. Initially the petitioners filed MVC No.1336/2008, which came to be dismissed by learned MACT and Fast Track Court, Vijayapura vide judgment dated 06.04.2011. The said dismissal was taken up by the petitioners to this Court in MFA No.31677/2011 and the appeal came to be allowed, remanding the matter back to the Tribunal vide judgment dated 24.11.2016. Liberty was given to the petitioners and respondents to adduce additional evidence in the matter. After giving such opportun

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