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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
HANCHATE SANJEEVKUMAR J
SMT. BHAGAWWA W/O. SUNIL NAIK – Appellant
Versus
BASAPPA S/O. BASALINGAPPA DASHYAL – Respondent
| Table of Content |
|---|
| 1. claimant's motorcycle accident details and initial compensation awarded. (Para 1 , 2) |
| 2. arguments regarding the deduction of compensation due to non-impleadment. (Para 3 , 4 , 5) |
| 3. court's reasoning on joint tortfeasors and necessity of impleadment. (Para 6 , 7) |
| 4. final order remanding the case for fresh consideration. (Para 8) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR)
This appeal is filed by the claimant challenging the judgment and award passed in MVC No.538/2013 on the file of the Motor Vehicle Accident Claims Tribunal-IX, Mudhol, dated 01.09.2015, seeking for enhancement of compensation as well as questioning deduction of 50% of compensation on the reason that the offending motorcycle bearing Reg.No.KA-48-E-9678 was not made as party.
2. It is the case of the claimant that on 04.12.2012 at about 06.15 p.m., the claimant was proceeding on the motorcycle bearing Reg.No.KA-48-J- 5492 as a pillion rider, from Girisagar to Mudhol near the land of one Basu Mane, when one of the said motorcycle was overtaking the Tractor No.KA-48-TA-1603, 1st Trailer No.KA-48-T-9604 and 2nd Trailer No.KA-48-T-8166, at that time, another motorcycle rider bearing
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