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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
C M JOSHI, J
THE MANAGER, FUTURE GENERAL INDIA INS. CO. LTD. – Appellant
Versus
MAHESH, ANTHONI PETER through his wife DIVYAJYOTI – Respondent
| Table of Content |
|---|
| 1. accident details and initial compensation awarded. (Para 2 , 3 , 4) |
| 2. arguments presented regarding negligence and compensation. (Para 8 , 9) |
| 3. court analysis of contributory negligence and compensatory calculations. (Para 10 , 13 , 17) |
| 4. final verdict and adjustments to compensation awarded. (Para 20) |
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C M JOSHI)
Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent No.1.
2. This appeal arises out of the judgment and award in MVC No.49/2015 dated 5.3.2018 by learned II Additional District and Session Judge, Basavakalyan.
3. The factual matrix of the case is that on 09.12.2013 at about 9:30 PM, the petitioner and his cousin were returning to their room and while crossing the nice road, near Kodipalya from Magadi road side towards Madavara, motorcycle bearing No.KA-02 EX-8675 ridden by its rider Anthony Peter dashed to the petitioner, resulting in injuries to the petitioner as well as the rider. Immediately both were shifted to Sanjeevoni Hospital Dasarahalli in an Ambulance. It was contended that the petitioner had sustained comminuted fracture of middle 1/3rd of right tibia,
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