KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
SANDEEP S/O. SAKARAM MESTRI – Appellant
Versus
SHRI. SATISH S/O. DATARAM GAVANDE, ANAND S/O. SATISH GAVANDE, THE MANAGER B SHELAR THE ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. assessment of compensation and contributory negligence. (Para 2 , 3 , 4 , 16 , 17) |
| 2. arguments regarding adequacy of compensation and liability. (Para 8 , 9 , 10) |
| 3. court reasoning on contributory negligence ratio. (Para 12 , 13 , 14) |
| 4. final judgment awarding modified compensation. (Para 20) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
This Appeal is filed by the Petitioner, being dissatisfied with the quantum of compensation awarded by the Tribunal vide judgment and award dated 29.02.2012 passed in M.V.C.No.181/2010 by the learned Presiding Officer, Fast track Court-IV, Belagavi.
2. Brief facts, leading rise to the filing of this appeal are as follows:
The petitioner and his wife, were proceeding on a motorcycle. At that time, a car bearing registration No.MH- 07/Q-3555 came in a high speed, rash and negligent manner and dashed to the motorcycle. As a result, the petitioner sustained grievous injuries. The petitioner filed a claim petition under section 166 of M.V. Act seeking compensation on account of the injuries sustained in the road traffic accident.
3. During the pendency of the claim petition, the owner of the offending vehicle died and his leg
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