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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
C.M. Joshi, J
Muttamma W/O Saibanna – Appellant
Versus
Khaaja Miyan S/O Shalisab – Respondent
| Table of Content |
|---|
| 1. consent for final disposal without admissions. (Para 1 , 2) |
| 2. accident details and claims arising from injuries. (Para 4 , 6 , 8) |
| 3. contributory negligence analysis against legal standards. (Para 10 , 11 , 12 , 13) |
| 4. assessment of physical disability and functional impact. (Para 15 , 16 , 17) |
| 5. final judgment on claims and compensation adjustments. (Para 27) |
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE C.M. JOSHI)
2. Heard learned counsel appearing for the appellants-petitioners and learned counsel appearing for respondent No.2 – Insurance Company, in both the appeals.
4. The factual matrix of the case is as below:
b) Before the Tribunal, the petitioner – Muttamma in MVC No.411/2014 claims that she was aged 28 years at the time of accident, earning a sum of Rs.9,000/- per month by doing coolie work and after the accident she has suffered disability and she has lost memory powers etc., and as such, prayed that appropriate compensation be awarded to her.
d) On being served with the notice, respondent Nos.1 and 2 appeared before the Tribunal and filed their written statements. Respondent No.1, apart from denying the petition averments contended that the accident occurred due
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