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2025 Supreme(Online)(Kar) 16781

KARNATAKA HIGH COURT
M.G.S. KAMAL, J
THE HUBLI DHARWAD MUNICIPAL CORPORATION – Appellant
Versus
MAQBOOLSAHEB S/O. MOULASAHEB BEPARI, SINCE DECEASED BY HIS LRS – Respondent


Advocates:
For the Appellants/Petitioners: G. I. Gachchinamath
For the Respondents: Maqboolahamed M. Patil

Table of Content
1. overview of the case and factual background. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments presented by the parties. (Para 9 , 10)
3. court's analysis and reasoning. (Para 11 , 12 , 13 , 14 , 15 , 16)
4. final decision and dismissal of the appeal. (Para 18)

ORAL JUDGMENT

(PER: THE HON'BLE MR. JUSTICE M.G.S. KAMAL)

1. This appeal is by the defendant aggrieved by the judgement and decree dated 18.09.2018 passed in RA No.116/2017 on the file of I Additional Senior Civil Judge, Hubballi, (for short, ‘First Appellate Court’) by which the First Appellate Court while allowing the said appeal filed by the plaintiff set aside the judgment and decree dated 09.10.2017 passed in OS No.390/2012 on the file of Principal Civil Judge and JMFC, Hubballi, (for short, ‘Trial Court’), to the extent of its finding on issue Nos.3 and 4 and consequently, partly decreed the suit directing the defendant to pay the compensation amount of Rs.5,00,000/- to the plaintiff within 3 months from the date of order with interest at the rate of 6% per annum from the date of suit till complete payment.

2. Brief facts of the case are that; son of the plaintiff namely one Rabbani was aged 17 years was attacke

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