ON

05.12.2022

THIS

DAY,

THE

COURT

PRONOUNCED THE FOLLOWING:

J U D G M E N T

This appeal is filed challenging the judgment and award

dated 05.06.2014 passed in M.V.C.No.340/2008 on the file of

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the Additional Senior Civil Judge, Ramanagara (8the Tribunal9 for

short).

2.

The parties are referred to as per their original

rankings before the Tribunal to avoid confusion and for the

convenience of the Court.

3.

The factual matrix of the case of the claimants in a

petition filed under Section 163(A) of the M.V. Act is that the

deceased was going in a motorcycle along with one Swamy

which met with an accident on the way. As a result, the

deceased had sustained grievous injuries and immediately, he

was shifted to the Government Hospital, Ramanagara and later

to NIMHANS and he succumbed to the injuries. Hence, claim

was made before the Tribunal.

4.

The respondent Nos.1 and 2, in pursuance of the

notice filed their written statement. The respondent No.1

contended that the deceased himself was riding the motorcycle

and accident occurred due to his own negligence and charge-

sheet is also filed against him. Hence, the petition cannot be

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maintained. It is also contended that the deceased