KARNATAKA HIGH COURT
MR. UMESH M ADIGA, J
THE MANAGER, THE ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. – Appellant
Versus
SRI. PARASHRAM PIRAJI CHOUGULE – Respondent
| Table of Content |
|---|
| 1. accident details and circumstances. (Para 3 , 5 , 6) |
| 2. insurance company's defense regarding liability. (Para 12 , 15) |
| 3. evaluation of evidence regarding accident proof. (Para 18 , 19 , 23) |
| 4. court's decision on liability and proof standards. (Para 24 , 25) |
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE UMESH M ADIGA)
MFA.No.103152/2014 is filed by the insurer and MFA.CROB.NO.100054/2024 is filed by the claimants, challenging the impugned judgment and award dated 22.08.2014 passed in MVC.No.611/2013 by the file of III Additional Senior Civil Judge and MACT, Belgaum.
2. The parties are referred to as per their ranking before the Tribunal.
3. Brief facts of the case of both the parties before the Tribunal is that:
It is the case of the claimant that on 02.03.2013 in the night the deceased Lakhan Parasharam Chougale was proceeding to Bastawad village on his motor cycle bearing registration No.KA.22/EF-9267 and he was riding the said vehicle with care and caution on service road, within a the limit of Halaga village, in front of Pandiyan road lines office at 11.30 pm, the driver of the Bolero vehicle bearing registration No.KA- 22B-2267, drove the vehicle from the opposite di
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