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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
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.
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.
4. The Insurance Company filed a statement of objections denying the averments made in the claim petitions and contended that the driver did not possess a valid and effective driving license as of the date of the acc
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