ON

01.09.2022

AND

COMING

ON

FOR

PRONOUNCEMENT OF JUDGMENT, THIS DAY, THE COURT

DELIVERED THE FOLLOWING:

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JUDGMENT

The present appeal is filed by the insurer of the

motor cycle bearing No.KA 36/S 163 challenging the

judgment and award dated 16.4.2013 passed in MVC

No.125/2011 on the file of the Principal District Judge,

Raichur (hereinafter referred to as the 'Tribunal'),

wherein the Tribunal has directed the Appellant to pay

the entire compensation awarded.

2.

Brief facts of the case are that, on

10.6.2010 the deceased was riding on motor cycle

bearing No.KA-36/S-163 as a pillion rider and was

proceeding from Maski to Sindhanur. At that time, a

bus bearing No.KA-34/F-747 was coming from the

opposite direction in a rash and negligent manner

resulting in a head on collision between the bus and

the motor cycle, causing the accident in question, in

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which the deceased fell below the wheels of the bus

and died.

3.

The wife and son of the deceased filed

Claim Petition seeking compensation for the death of

the deceased and in the said Claim Petition the driver,

owner and insurer of both the vehicles were arrayed

as parties. The Rider, owner and insurer of the motor

cycle as well as th