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THE HIGH COURT OF KARNATAKA
UMESH M ADIGA, J
PREMA D/O DINESH C Y – Appellant
Versus
SANTHOSH KUMAR S S/O CHIKKEGOWDA – Respondent
| Table of Content |
|---|
| 1. introduction of appeal case details. (Para 1 , 2) |
| 2. accident caused by negligent riding. (Para 3 , 4) |
| 3. tribunal's assessment of evidence. (Para 5 , 6 , 7) |
| 4. arguments regarding inadequacy of compensation. (Para 8 , 9) |
| 5. claimants' appeal on negligence assignment. (Para 10 , 11) |
| 6. defendant's contestation of negligence and compensation awarded. (Para 12 , 14) |
| 7. legal interpretation of negligence based on license validity. (Para 15 , 16) |
| 8. assessment of claimant's earning capacity post-injury. (Para 17 , 18) |
| 9. final assessment of compensation amounts. (Para 19 , 20) |
| 10. final judgment and order details. (Para 21 , 22) |
ORAL JUDGMENT
Both the claim petitions arise out of a common accident and therefore, taken up for common disposal.
3. The brief facts of the case are that, on 15.06.2018, the claimant in MVC No.1304/2018 was riding motorcycle bearing registration No.KA-13-U-1652 and the claimant in MVC No.1303/2018 was the pillion rider of the said motorcycle. Both of them were going towards Chanarayapatna. Near Beruru Village, Channarayapatna Taluk, they met with an accident due to rash and negligent riding of motorcycle bearing registration No.KA-06-ES-8527 (for short
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