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
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 and negligent manner, without keeping proper distance and the said bus wheel ran over the body of the deceased. As a result, he suffered severe head injury and immediately he was shifted to the hospital wherein he was declared as brought dead. Basing on the evidence, the Tribunal had awarded the compensation as per the table given below:
3. The Tribunal had held that there is negligence on the part of the driver of Etios car and also minibus as well the Tribunal had also held that when there was no p
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