High Court Karnataka High Court

Hoovaiah @ Sheenappa Gowda S/O … vs K B Balakrishna Rai S/O Bandare Rai on 8 October, 2009

Karnataka High Court
Hoovaiah @ Sheenappa Gowda S/O … vs K B Balakrishna Rai S/O Bandare Rai on 8 October, 2009
Author: K.Sreedhar Rao Malimath


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The parents had filed the petition seeking

and are in appeal for enhancementof corn’peii§;.21tiioi’1,

2.’I’he Triburial has held

negligence to the extent”lo’f’~….5O0/oi’~on the-L’

deceased and therefor_e, i.5pO0/olll’rom”lEthe total
compensation assessed 1 5 , 800/ ~

3.T disclose that the
Width of road runs north south.

The Goa to Mangalore. The
bus its/langaio1’e towards Udupi. T116

place. of 10 feet: away from the eastern

. of the 1-oad”;1m:1 14 feet away from the western

1 ‘hr-irn There is kateha road on either side.

‘l’h.e place!’ impact stated in the Inahazar clearly

ndisclosehs that the bus is on the wrong side. ‘i’herei’ore,

lgthefinference of COIi’1t1’ibLiT,()I’y negligeincte. on the part of

” tanker to an extent of 50% is umenabie. ‘l’he

accident occurred solely on account of the neglige.nce of

the bus driver. ‘F erefore, the insurer of the bus is

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liable to pay the entire compensatiora of
assessed by the Tribur1a_l with :i1’ifc31’es&i. “as “1’L.h.<-;=.
appeal is allowed in part.

NM*