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KARNATAKA HIGH COURT
SMT. JUSTICE LALITHA KANNEGANTI, J
SMT. PENKE PARVATHI, SRI. P. GANESH, SRI. PENKE SIVA – Appellant
Versus
THE MANAGER IFFCO-TOKIO GENERAL INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. awards in compensation cases (Para 1 , 2 , 3) |
| 2. arguments regarding negligence allocation (Para 5) |
| 3. opinion on contributory negligence and compensation adjustments (Para 6 , 7 , 8) |
| 4. final compensation determination and liability (Para 9 , 10 , 11) |
ORAL JUDGMENT
Aggrieved by the award passed in MVC.No.1950/2019 dated 31.08.2021 by the VII Addl. SCJ and ACMM, Member, MACT-3, Bengaluru, whereby the Tribunal had awarded compensation of an amount of Rs.10,21,200/-. The claimants are before this Court seeking enhancement of the compensation as well questioning the contributory negligence that is fixed on the deceased at 20%. The claim petition is filed seeking compensation of an amount of Rs.25,00,000/- for the death of the deceased in the road traffic accident.
2. It is the case of the claimants that on 12.02.2019 at about 8.00 a.m. the deceased was crossing the road on B.M. road, Kaniminike, at that time driver of the Etios car, drove it in rash and negligent manner, came from Bangalore towards Mysore side and dashed against the deceased. As a result, he fell down and suffered injuries. At the same time driver of one Mini bus came from Bangalore side drove it in rash
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