HIGH COURT OF KARNATAKA
R.NATARAJ
NATIONAL HIGHWAY AUTHORITY OF INDIA, – Appellant
Versus
SRI. MUTTANNA S/O SAHADEVAPPA THOTAD, – Respondent
ON
20.10.2022,
COMING
ON
PRONOUNCEMENT
OF
JUDGMENT
THROUGH
VIDEO
CONFERENCING AT THE PRINCIPAL BENCH AT BENGALURU,
THIS DAY , THE COURT DELIVERED THE FOLLOWING:
4
JUDGMENT
M.F.A. Nos.20931/2011 and 20932/2011 are
filed by the National Highways Authority of India
(henceforth referred to as “Authority” in short) challenging
the common Judgment dated 30.04.2010 and separate
Awards passed by the Sessions Judge, Fast Track Court,
Ranebennur (henceforth referred to as “Tribunal” in short)
in MVC NOs.133/2006 and 132/2006 respectively, in so far
as it relates to the finding of the Tribunal that the accident
occurred due to the negligence of the Authority and also
the finding that it is liable to pay the compensation
determined therein.
The respective petitioner in MVC Nos.132/2006
and 133/2006 before the Tribunal will henceforth be
referred to as 'claimant'. Respondent Nos.1, 2, 3 and 4
before the Tribunal will henceforth be referred to as
‘owner’, ‘insurer’, ‘Authority’ and ‘Contractor’ respectively.
5
The claimant in MVC No.133/2006 was the
injured victim while the claimant in MVC No.132/2006 was
the father of the deceased Sri Raju Maheshappa Theggin
('Raju' for short), rider of the
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