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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

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.

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

1 ‘Tribunal’ for short

driver came from opposite direction in a high speed, rash and negligent manner and dashed to the motorcycle of the deceased Jayaraj. Due to the impact, the deceased Jayaraj fell downd and sustained severe head injuries and died on the spot. Hence, the claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988 before the Tribunal seeking compensation. The deceased was

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