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2025 Supreme(Online)(KAR) 3172

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
C M JOSHI, J
SHIVAJI @ SHIVALAL S/O NEELAKANTH RATHOD – Appellant
Versus
RAJENDRA S/O MAHAVEER PADHYE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BASAVARAJ R. MATH
For the Respondents: SMT. PREETI PATIL MELKUNDI

Table of Content
1. accident caused injuries to the petitioner. (Para 1 , 22)
2. tribunal's territorial jurisdiction is flawed. (Para 12 , 13 , 18 , 19)
3. respondents contest age, income, and negligence claims. (Para 14 , 15)
4. jurisdiction interpretation must aid victims. (Para 21)
5. compensation awarded to the petitioner. (Para 26 , 30)

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C M JOSHI)

Heard the learned counsel for the appellant and the respondent No.2.

02. Though, this appeal is slated for admission, the same is taken up for disposal with consent of learned counsel for both the parties.

03. Being aggrieved by the dismissal of MVC.No.1782/2016 by the IV Additional District and Sessions Judge, and Member, MACT, Vijayapura dated 21.09.2021 the petitioner is before this Court in appeal.

04. The petitioner contented that on 18.01.2013 while he was proceeding by walk near Maalbhag cross on Kolhapur - Sangli road in Maharashtra, the motorcycle bearing Reg.No.MH-09-CD-1360 came from opposite direction and dashed against him causing fracture of his left tibia and fibula and other injuries to him. The petitioner was taken to hospital at Kolhapur and he underwent treatment spending huge amount. H

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