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KARNATAKA HIGH COURT
LALITHA KANNEGANTI, J
SHESHADRI M.N. – Appellant
Versus
THE DIVISIONAL CONTROLLER KSRTC CHIKKAMAGALUR DIVISION, CHIKKAMAGALUR – Respondent
| Table of Content |
|---|
| 1. final resolution of the appeal. (Para 1) |
| 2. assessment of negligence in the accident. (Para 2 , 3) |
| 3. discussions on evidentiary standards and burden of proof. (Para 4 , 5) |
| 4. court's ruling on the dismissive nature of the claim. (Para 6) |
ORAL JUDGMENT
Aggrieved by the dismissal of MVC.No.1121/2017 dated
02.01.2020 by the Senior Civil Judge & AMACT, Arsikere, the claimant is before this Court.
2. The case of the claimant is that on 15.04.2017 at about 11.30 a.m. the claimant was going on his motorcycle and the KSRTC bus came from behind in a rash and negligent manner and dashed against the petitioner's motorcycle and caused an accident. In the said accident, he sustained the injuries. Police have filed the charge sheet against the driver of the KSRTC bus.
3. The Tribunal has dismissed the claim petition observing that as per the IMV report front and rear side of the motorcycle was damaged and the rear side bumper of the KSRTC bus was scratched. If the contention of the petitioner that the KSRTC bus had come and hit the bike from behind were to be true, then some damages or at least a scratch should have been found on the front side of the bus as it was coming in a rash a
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