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2024 Supreme(Online)(KAR) 34663

HIGH COURT OF KARNATAKA
VIJAYKUMAR A. PATIL
MANJAVVA – Appellant
Versus
SHARANAPPA – Respondent


Petitioner Advocates:HARISH S MAIGUR ,Respondent Advocate: CHANDRASHEKHAR M HOSAMANI

JUDGMENT

This appeal is by the legal representatives of the deceased minor challenging the saddling of liability on the respondent No.1/Owner of the offending vehicle as well as seeking enhancement of compensation awarded under judgment & award dated 27.01.2014 passed in MVC No.60/2012 by the Addl. District and Sessions Judge, Gadag (for short, ‘Tribunal’).

2. Brief facts leading to filing of this appeal are that on

6.3.2012, deceased Anand was returning from provision store along with his mother by walk by the side of the road, at that time, driver of the tempo trax bearing registration No.KA- 27/9981 drove the same in a rash and negligent manner and dashed to Anand Gaddi. Due to which, he fell down and sustained grievous injuries. Immediately, he was shifted to Government Hospital, Laxmeshwar and thereafter to KIMS Hospital Hubli, where he died due to the accidental injuries. It is averred that the claimants spent a sum of Rs.1,00,000/- towards medical expenses. Thus, claim petition was filed seeking compensation of Rs.12 lakhs.

3. Before the Tribunal, respondent No.1/owner of the offending vehicle entered appearance and filed objections by denying entire claim petition averments inc

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