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2025 Supreme(Online)(Kar) 30947

KARNATAKA HIGH COURT
MR. K NATARAJAN, MR. VIJAYKUMAR A. PATIL, JJ
THE BRANCH MANAGER, ROYAL SUNDARAM INSURANCE CO. LTD. – Appellant
Versus
VIVEKANAND S/O VEERAYYA SALIMATH – Respondent


Advocates:
For the Appellants/Petitioners: SMT. PREETI PATIL MELKUNDI
For the Respondents: SRI. SANGANABASAVA B. PATIL, SRI. SANGANAGOUDA V. BIRADAR

Table of Content
1. accidental death claims under mv act (Para 1 , 4)
2. denial of negligence and policy violations (Para 5)
3. assessment of compensation and liability (Para 6 , 8)
4. arguments on negligence and income assessment (Para 7)
5. judgment on negligence findings (Para 10 , 12)
6. re-assessment of compensation for mbbs students (Para 15 , 16)
7. final compensation ruling and deposit (Para 18)

CAV JUDGMENT

These appeals are filed under Section 173(1) of the Motor Vehicles Act , 1988 (hereinafter referred to as ‘MV Act’). The appeals filed are as under:

ii) MFA.No.201993/2019 is filed by the Insurance Company and MFA.No.200376/2020 is filed by the claimants against the judgment in MVC.No.327/2016.

All these appeals are arising out of the common judgment and award dated 13.06.2019 passed in MVC.Nos.326-328/2016 by the III Additional Senior Civil Judge and MACT-XII, Vijayapura (hereinafter referred to as ‘Tribunal’).

3. The parties are referred to as per their ranking before the Tribunal for the sake of convenience.

5. The respondents entered appearance before the Tribunal and filed detailed statement of objections denying the negligence of the driver of the offending vehicle. It is av

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