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2025 Supreme(Online)(KAR) 12233

KARNATAKA HIGH COURT
NIJALINGAPPA @ NIJALINGAIAH – Appellant
Versus
M/S UNITED INDIA INSURANCE CO LTD – Respondent


ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Challenging the judgment and award in MVC No.293/2013 on the file of the Principal Senior Civil Judge and CJM, Additional MACT, Ramanagara, the claimants in the said case have preferred this appeal.

2. The appellants were claimant Nos.1 and 2 and respondent Nos.1 to 3 were respondent Nos.1 to 3 in MVC No.293/2013 before the Tribunal. For the sake of convenience, the parties are referred to henceforth according to their ranks before the Tribunal.

3. The claimants are parents of deceased Byrappa. On 9.11.2012 at 9.30 pm., when Byrappa was traveling in Tata Indica car bearing registration No.KA-03-C-837 to go to his work, the said car toppled near Kenchanaguppe gate within the limits of Bidadi Police Station. Due to the injuries suffered in the accident, Byrappa and two other inmates by name Kiran and Lohith died at the spot and other inmates suffered injuries. One injured by name Bharath, when he was being shifted to hospital died. Respondent Nos.1, 2 and 3 were the insurer, registered owner and driver of the vehicle at the time of the accident.

4. Regarding the accident, on the complaint of one Ashwathachar, Bidadi Police registered FI

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