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HIGH COURT OF KARNATAKA
MR VIJAYKUMAR A.PATIL, J
SMT. RENUKA MAHABALESHWAR BHAT, GANESH MAHABALESHWAR BHAT – Appellant
Versus
AZEEZ RAHMAN, SHRIRAM GENERAL INSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. basic facts leading to the accident and initial compensation awarded. (Para 2 , 3 , 4) |
| 2. contentions by appellants and respondents regarding contributory negligence. (Para 8 , 9) |
| 3. court's determination to not apportion negligence under mv act claims. (Para 10 , 16) |
| 4. assessment of revised compensation based on mv act guidelines. (Para 18 , 19) |
JUDGMENT
Though these appeals are listed for admission, with the consent of learned counsel for the parties, they are taken up for final disposal.
2. MFA No.102120/2016 is filed by the claimants challenging the contributory negligence to an extent of 40% saddled on the deceased as well as seeking enhancement of compensation, whereas, the insurance company is also in appeal in MFA No.102901/2015 challenging the liability as well as quantum of compensation awarded under judgment & award dated 18.04.2015 passed in MVC No.5/2013 by the Addl.
MACT, Sirsi (for short, ‘Tribunal’).
3. Brief facts leading to filing of these appeals are that on 6.7.2012, one late Mahabaleshwar Krishna Bhat, being the rider of motorcycle bearing registration No.KA-31/J-9818 was proceeding near KHB colony on Sirsi-Hubli road. Truck bearing registration No.
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