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KARNATAKA HIGH COURT
MRS K.S.MUDAGAL, MR M.G.S. KAMAL, JJ
SRI. N NAGESH S/O SRI NIRANJAN RAO MANE – Appellant
Versus
HDFC ERGO GENERAL INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. summary of case initiation and claims. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding liability and evidence. (Para 5 , 6 , 10) |
| 3. court's assessment of evidence and findings. (Para 14 , 15 , 16 , 24) |
| 4. determining compensation based on established criteria. (Para 25 , 26 , 31 , 32) |
| 5. final decision and order of compensation. (Para 35 , 36 , 37) |
ORAL JUDGMENT
These appeals are filed by the claimants/appellants herein against the judgment and award dated 29.06.2018 passed in M.V.C.No.2809/2016, on the file of Motor Vehicles Accident Claims Tribunal, Bengaluru City
3. A complaint was registered by one Nagaraj, Police Constable of Yelhanka Police Station against the driver of the offending lorry. Thereafter, a case in Crime No.48/2016 for the offences punishable under Section 279 and 304-A of IPC and Section 134 (A) and (B), 187 of IMV Act was registered, spot mahazar was conducted, sketch was prepared.
5. Respondent-Insurance Company filed statement of objections denying involvement of the offending lorry and also denied the mode and manner of the accident. It is contended that the petition is bad for non-joinder of necessary parties. That the deceased did not possess val
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