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KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO, LTD – Appellant
Versus
SMT. REVAKKA W/O MAHESHAPPA KARENAGAPPANAVAR@KARIYANNANAVAR – Respondent
| Table of Content |
|---|
| 1. details of the accident and parties' claims. (Para 3 , 4 , 5) |
| 2. arguments presented by both sides regarding insurance liability. (Para 10 , 11 , 12) |
| 3. core issue regarding liability established. (Para 14) |
| 4. court's analysis of liability and evidence. (Para 15 , 16 , 17 , 18) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
This Appeal is filed under Section 173 (1) of the Motor Vehicles Act , 1988 (hereinafter referred to as ‘M.V.Act,’ for short) by the Insurance Company, challenging the judgment and award dated 21.12.2012 passed in MVC No.566/2009 by the learned Additional Senior Civil Judge & Additional MACT, Ranebennur.
2. Brief facts leading rise to the filing of this appeal, are as follows:
3. On 28.12.1994, at about 7.30 p.m., the deceased Maheshappa, and his friend were talking to each other on P.B.Road near Makanur Cross. At that time, the car bearing Reg.No.MH-02/T-182 came from Ranebennur side in a rash and negligent manner, and dashed to the deceased Maheshappa. Due to the said impact, the deceased Maheshappa sustained grievous injuries, and succumbed to the injuries during the treatment. Hence, the legal representative of the deceased filed
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