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2025 Supreme(Online)(Kar) 31385

KARNATAKA HIGH COURT
VENKATESH NAIK T, J
THE DIVISIONAL MANAGER RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
MR. UMESHA S/O. HONNAPPA GOWDA – Respondent


Advocates:
For the Appellants/Petitioners:SRI B. PRADEEP, ADVOCATE
SRI GURUPRASAD B.R., ADVOCATE
SRI RANJAN KUMAR K., ADVOCATE
SRI A.N. KRISHNA SWAMY, ADVOCATE
SRI MAHESH S. KAMMAR, ADVOCATE
SRI VENKATESH R. BHAGAT, ADVOCATE
For the Respondents:SRI G. RAVISHANKAR SHASTRY, ADVOCATE
SRI A.N. KRISHNA SWAMY, ADVOCATE
SRI A.C. VINAYARAJ, ADVOCATE
SRI B. PRADEEP, ADVOCATE

Table of Content
1. accident details and parties involved. (Para 9)
2. arguments on negligence and compensation. (Para 10 , 11 , 12 , 13 , 14)
3. consideration of legal points arising from appeals. (Para 15 , 16)
4. assessment of contributory negligence and revised compensation. (Para 17 , 18 , 19)
5. final decision on negligence distribution and compensation awarded. (Para 20 , 21)
6. conclusion detailing the order of appeals and compensation. (Para 30)

ORAL JUDGMENT

2. MFA Nos.7980 of 2016 and 7981 of 2016 are arising out of judgment and award dated 17-9-2016 in MVC Nos.253 of 2015 and 254 of 2015 respectively passed by the Motor Accidents Claims Tribunal and II Additional Senior Civil Judge, Mangaluru, D.K.

4. MFA Nos.7171 of 2017 and 9638 of 2017 are arising out of judgment and award dated 30-6-2017 in MVC No.1053 of 2015 passed by the Principal District Judge and Motor Accidents Claims Tribunal, Dakshina Kannada, Mangaluru.

6. MFA No.5576 of 2017 is filed by the National Insurance Company Limited for reduction of compensation and on the ground of negligence.

8. For the sake of convenience, the parties herein are referred to as they are referred to in the claim petitions before the Tribun

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