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KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
MANJUNATH S/O NARAYANAPPA KERUDI – Appellant
Versus
THE DEPOT MANAGER, NWKRTC – Respondent
| Table of Content |
|---|
| 1. description of the accident leading to the appeal. (Para 2 , 3) |
| 2. tribunal's rejection based on lack of evidence. (Para 4 , 5 , 6 , 7) |
| 3. arguments presented by both parties. (Para 8 , 9 , 10 , 11) |
| 4. the court's finding on liability and reliance on existing case law. (Para 12 , 13 , 14 , 15) |
| 5. final decision confirming the tribunal's dismissal. (Para 16) |
ORAL JUDGMENT
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 appellant-claimant, challenging the judgment and award dated 04.02.2014 passed in MVC No.539/2010 by the learned Principal Senior Civil Judge & MACT, Ranebennur.
3. On 14.02.2010, at about 12.45 p.m., the petitioner was proceeding on his motorcycle bearing Reg.No.KA-16/K-9718 on Ranebennur-Guttal road. At that time, the driver of the NWKRTC bus driven by its driver in a rash and negligent manner at a high speed, dashed to the petitioner’s motorcycle. As a result, the petitioner sustained grievous injuries. Hence, the petitioner filed a claim petition under Section 166 of the M.V.Act claiming a compensation for the injuries sustained by him in a road traffic accident. Ac
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