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HIGH COURT OF KARNATAKA
C.M. POONACHA, J
DIVISIONAL MANAGER, NATIONAL INSURANCE CO LTD – Appellant
Versus
H.J. MURUGHARAJENDRA – Respondent
| Table of Content |
|---|
| 1. insurer appeals against compensation award for liability concerns. (Para 1 , 3 , 4) |
| 2. arguments regarding driving license evidence and insurer's liability. (Para 5 , 12) |
| 3. court discusses evidentiary requirements for liability. (Para 7 , 10 , 14) |
| 4. conclusion affirms insurer's liability with rights for recovery. (Para 15) |
JUDGMENT
The above appeal is filed by the insurer challenging the judgment and award dated 17.07.2013 passed in MVC.No.832/2011 by the file of Principal Civil Judge and Member, MACT-IV, Davanagere,
2. For the sake of convenience, the parties herein are referred as per their rank before the Tribunal.
3. The relevant facts necessary for consideration of the present appeal are that claiming compensation for the injuries sustained in a road traffic accident which occurred on 24.07.2011, the claimant filed a claim petition before the Tribunal. It is the case of the claimant that when he was riding motor cycle bearing No. KA-17/Y-4950 another motor cycle bearing No. KA-05-U-3118 came in a rash and negligent manner and hit the motor cycle of the petitioner. Respondent Nos.1, 2 and 3 were rider, owner and insurer o
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