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2025 Supreme(Online)(KAR) 4368

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
S.SUNIL DUTT YADAV, RAJESH RAI K, JJ
SMT. ROOPA W/O SUBHASH SOMAPUR – Appellant
Versus
SRI. VENKANAGOUDA S/O HANAMANTAGOUDA GOWDANNAVAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI S.S.MAMADAPUR
For the Respondents: SRI SANJAY M. JOSHI

Table of Content
1. details of the accident and tribunal proceedings (Para 3 , 4 , 5 , 6 , 7)
2. arguments on compensation and liability (Para 9 , 10)
3. calculation of compensation awarded (Para 14 , 15 , 16 , 17 , 18 , 19)
4. entitlement of enhanced compensation (Para 20)
5. order concluding the judgment (Para 21)

ORAL JUDGMENT

These appeals are directed against the judgment and award dated 28.08.2019 passed in MVC No.995/2015 by the IV Additional District Judge and Motor Accident Claims Tribunal-XIII, Vijayapura.

3. Facts apposite for filing of these appeals are as under:

4. Respondent No.1 being the owner of the vehicle remained absent and he was placed exparte. Respondent No.2 appeared through its counsel and filed the written statement denying the averments made in the claim petition and prayed to dismiss the claim petition.

6. The Tribunal, after hearing both sides and on the assessment of oral and documentary evidence, allowed the petition in part and ordered that the petitioners are entitled for compensation of Rs.37,25,524/- with interest at the rate of 9% p.a. from the date of petition, till the day of realization and held that respondent Nos.1 and 2 are jointly and severally liab

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