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2025 Supreme(Online)(KAR) 411

HIGH COURT OF KARNATAKA
C.M. POONACHA, J
MALATHI – Appellant
Versus
MAHAMAD SHADAB B S – Respondent


Petitioner Advocates:SANDHYA D ,Respondent Advocate:

ORAL JUDGMENT

The present appeal is filed by the claimants challenging the judgment and award dated 30.05.2023 passed in MVC No.598/2022 by the II Additional Senior Civil Judge and JMFC., Hassan, [Hereinafter referred to as the ‘Tribunal’] seeking for enhancement of compensation.

2. Parties are referred to as per their ranks before the Tribunal for the sake of convenience.

3. The factual matrix in a nutshell is that one Sunil, Hereinafter referred to as the ‘deceased’ was moving with his vegetable cart on 06.03.2022 in front of Chethan Nursing Home, Chikkamagalur Town when the driver of a Crane bearing registration No.KA-15-M-4228 drove the said vehicle in a rash and negligent manner and hit the deceased causing the accident in question, wherein, he suffered grievous injuries and died in the hospital. Claiming compensation for the death of the deceased, the wife and daughter of the deceased filed the claim proceedings. Subsequently, the mother of the deceased was also brought on record as claimant No.3 in the claim proceedings. The owner and insurer of the said Crane were arrayed as respondent Nos.1 and 2 in the claim proceedings. The Tribunal by its judgement and award dated 30.05.20

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