KARNATAKA HIGH COURT
LALITHA KANNEGANTI, J
SRI. HANUMANTHARAJU – Appellant
Versus
K.C. SIDDARAJU – Respondent
| Table of Content |
|---|
| 1. final decision concludes with dismissal and return of trial records. (Para 1 , 10) |
| 2. claimant sustained injuries while crossing the road, details suggest substantial inconsistency. (Para 2) |
| 3. court justified dismissal based on various evidentiary contradictions. (Para 3 , 4 , 9) |
| 4. delay in fir and variations in accounts affect credibility of the claim. (Para 5 , 6) |
| 5. defense emphasizes inconsistencies and supports dismissal based on provided evidence. (Para 8) |
ORAL JUDGMENT
Aggrieved by the dismissal of claim petition in M.V.C.No.52/2012 dated 26.12.2017 by the Additional Senior Civil Judge and MACT XIII, Madhugiri, the appellant/claimant is before this Court.
2. It is the case of the claimant that on 10.12.2011 at about 4.30 p.m., the claimant was going on the left side of the road carefully behind the government school. At that point of time, one luggage auto being driven by its driver in a high speed in a rash and negligent manner came from opposite direction and dashed against the claimant. Due to the accident, the claimant fell down and sustained fractures of shaft of the left femur, left humerus, left distal end radius as per the wound certificate. It is the c
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