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KARNATAKA HIGH COURT
C M JOSHI, J
THE DIVISIONAL CONTROLLER, K.S.R.T.C. – Appellant
Versus
SRI MANJE GOWDA – Respondent
| Table of Content |
|---|
| 1. factual background of the case and initial tribunal findings. (Para 2 , 3 , 4) |
| 2. arguments regarding compensation adequacy and negligence. (Para 8 , 9) |
| 3. court's observations on negligence determination. (Para 10) |
| 4. calculation of compensation and justification of loss. (Para 11 , 12) |
| 5. final decision and directives for compensation payment. (Para 14) |
ORAL JUDGMENT
Heard learned counsel appearing for KSRTC and the learned counsel appearing for the petitioners. Notice to respondent No.2 in MFA No.5395/2016 is dispensed with.
2. These appeals by the KSRTC and by the petitioners arise out of the judgment and award passed in MVC No. 432/2015 dated 16.11.2015 by the learned Senior Civil Judge and MACT, Beluru.
3. The factual matrix of the case is that, on the intervening night of 14.02.2015, at about 1.00 a.m., one Puneetkumar, was riding a motorcycle bearing No. KA.52.E.9014 at Beluru and a KSRTC Bus bearing No. KA.19.F.3109 came from the bus stand side and dashed to the motorcycle, resulting in injuries to the said deceased Puneetkumar and immediately, he was shifted to the Government Hospital, Beluru, where he was found to be HC-KAR brought dead. It was contended that
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