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KARNATAKA HIGH COURT
UMESH M ADIGA, J
THE MANAGER, ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SHRI. PRAKASH S/O. SHIDALING HUKKERI – Respondent
| Table of Content |
|---|
| 1. review of appeals filed regarding compensation for injuries. (Para 1 , 2 , 3) |
| 2. arguments concerning driving license validity and liability. (Para 4 , 5 , 10) |
| 3. examination of evidence and determination of compensation. (Para 7 , 11 , 18 , 22) |
| 4. established legal principle regarding negligence. (Para 16 , 17) |
| 5. final ruling on appeals and compensation adjustments. (Para 20 , 29) |
CAV JUDGMENT
1. The insurer – respondent No.1 has filed an appeal in MFA No.100011 of 2019 and the claimant has filed an appeal in MFA No.103211 of 2019, challenging the judgment and award dated 4th September 2018, passed in MVC No.960 of 2016 by the VII-Addl. District and Sessions Judge & Addl. MACT, Belagavi, sitting at Chikodi (hereinafter referred to as 'the Tribunal'). Both the appeals are taken up together for disposal.
3. The case of the claimant is that, on 24.02.2016 at about 10:30 p.m., while he was proceeding on his motorcycle bearing registration No.KA-23/S-1307 from Examba to Rama Nagar Extension, he met with an accident near Lingeshwar Temple due to the rash and negligent driving of a tractor bearing registration No.KA-23/TB-0166 and trailer bearing registration Nos.KA-23/TB-16
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