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2024 Supreme(Online)(KAR) 35508

HIGH COURT OF KARNATAKA
MR. JUSTICE H.T.NARENDRA PRASAD, MR. JUSTICE VENKATESH NAIK T, JJ
SMT. SHILPA – Appellant
Versus
THE MANAGING DIRECTOR – Respondent


Petitioner Advocates:B M PATIL ,Respondent Advocate:

Table of Content
1. claimants' contention on negligence (Para 5 , 6)
2. assessment of contributory negligence (Para 7)
3. modification of negligence and compensation (Para 8 , 9 , 10 , 11 , 12 , 13)
4. final decision on compensation (Para 14)

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

This appeal is filed by the claimants challenging the judgment and award dated 14.03.2023 passed in M.V.C. No.217/2019 on the file of the learned Addl. Senior Civil Judge and Member, MACT, Haveri1, whereby the Tribunal awarded total compensation of Rs.14,70,000/- with interest at 6% per annum from the date of petition till its realization. However, the Tribunal saddled 50% contributory negligence on the deceased and remaining 50% on the driver of NWKRTC2 bus.

2. For the sake of convenience, the parties are referred to as per their rankings before the Tribunal.

3. Brief facts of the claimants’ case before the Tribunal are as under:

On 04.07.2017 at about 5.45 p.m., the deceased Jayaraj Satenahalli was proceeding on a motorcycle bearing registration No.KA-27-W-0016 towards Huralikuppi at Mellagatti-Huralikuppi road, near the land of one Naganagouda Patil. At that time, one NWKRTC Bus bearing re

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