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HIGH COURT OF KARNATAKA
RAVI V.HOSMANI, J
SMT. SAVITA – Appellant
Versus
SHRI. SURESH – Respondent
| Table of Content |
|---|
| 1. accident details including negligence attribution. (Para 4 , 5) |
| 2. claimants' arguments for compensation increase. (Para 10 , 12) |
| 3. court's determination of negligence apportionment. (Para 19 , 20) |
| 4. re-assessment of compensation calculation. (Para 21) |
| 5. final order including enhanced compensation details. (Para 24) |
JUDGMENT
2. While MFA.no.10332/2017 is filed by claimants for enhancement of compensation. MFA.no.101423/2017 is filed by insurer challenging award on negligence/liability and quantum.
4. Brief facts as stated are that on 25.07.2013, Ravi S/o Shivanappa Shilledar was riding motorcycle bearing registration no.KA-24/Q- 6860 from Nesargi towards Belagavi. When it was near Kasai Khane at Nesargi, driver of Diesel Tanker bearing registration no.KA-49/888 came from opposite direction in rash and negligent manner and dashed against motorcycle. In said accident, rider of motorcycle sustained grievous injuries and was shifted to hospital for treatment. However 18 days after accident, he succumbed to injuries.
6. On service of summons, owner entered appearance and filed objections stating that accident did not occur due to negligence of driver, who was holding valid
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