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HIGH COURT OF KARNATAKA
K.S.MUDAGAL, ANIL B KATTI, JJ
CHAITRA M. – Appellant
Versus
THE MANAGER NATIONAL INSURANCE CO.LTD – Respondent
| Table of Content |
|---|
| 1. the accident involved the death of a victim from unsafe crossing due to negligence from both drivers. (Para 4 , 5 , 6) |
| 2. tribunal's findings on contributory negligence were overturned due to lack of direct evidence. (Para 10 , 14) |
| 3. compensation recalibrated based on the deceased's income and number of dependents. (Para 16 , 17) |
JUDGMENT
2. Aggrieved by the award in MVC No.3273/2013 passed by MACT, Court of Small Causes, Bengaluru, (SCCH:15), claimants have preferred MFA No.5154/2014; respondent No.1 (in the claim petition) i.e. Manager, National Insurance Company Limited has preferred MFA No.4013/2014, respondent No.3 (in the claim petition) i.e. Managing Director, KSRTC, has preferred MFA No.4165/2014.
4. Respondent Nos.2 and 1 were the driver and insurer respectively of Car bearing No.KL-10/AJ-2986; respondent No.3 is owner of KSRTC bus bearing No.KA-07/F-1582. On 28.05.2013, at 11.00 p.m., when Manjunath was crossing the road near Billakempanahalli Gate on Bengaluru-Mysuru road, the accident took place involving KSRTC bus bearing No.KA- 07/F-1582 and car bearing No.KL-10/AJ-2986. In the accident, Manjunath got injuries. He was shifted to Rajarajeshwari Hospital,
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