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Smt. Mayamma vs Siddaiah And Ors. on 1 January, 2003

9. Per contra, learned counsel for Insurer, inter- alia, contended and submitted that, the Tribunal has erred in fixing the contributory negligence at 5% and it is liable to be enhanced, on the ground that, appellant himself has invited trouble by standing on the foot board of the maxicab and he fell down due to his negligence only. Further, he submitted that, the Tribunal ought to have fixed contributory negligence at 50% on the part of the appellant, in view of the law laid down by the Division Bench of this Court in the case of Mayamma Vs. Sri.Siddaiah and another reported in ILR 2003 Karnataka 1179 and in the case of Smt. Shivleela and others Vs. Karnataka State Road Transport Corporation by Managing Director, Bangalore reported in ILR 2003 Karnataka 3602. 8 Further, he submitted that the Tribunal is justified in assessing the income of the appellant at `3,500/- per month and the compensation awarded by the Tribunal under other heads is on higher side and is liable to be reduced by modifying the impugned judgment and award passed by the Tribunal.
Karnataka High Court Cites 0 - Cited by 8 - Full Document

Smt. Shivleela And Ors. vs Karnataka State Road Transport ... on 17 July, 2003

9. Per contra, learned counsel for Insurer, inter- alia, contended and submitted that, the Tribunal has erred in fixing the contributory negligence at 5% and it is liable to be enhanced, on the ground that, appellant himself has invited trouble by standing on the foot board of the maxicab and he fell down due to his negligence only. Further, he submitted that, the Tribunal ought to have fixed contributory negligence at 50% on the part of the appellant, in view of the law laid down by the Division Bench of this Court in the case of Mayamma Vs. Sri.Siddaiah and another reported in ILR 2003 Karnataka 1179 and in the case of Smt. Shivleela and others Vs. Karnataka State Road Transport Corporation by Managing Director, Bangalore reported in ILR 2003 Karnataka 3602. 8 Further, he submitted that the Tribunal is justified in assessing the income of the appellant at `3,500/- per month and the compensation awarded by the Tribunal under other heads is on higher side and is liable to be reduced by modifying the impugned judgment and award passed by the Tribunal.
Karnataka High Court Cites 3 - Cited by 2 - T S Thakur - Full Document
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