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2008 Supreme(SC) 1918

S.B.SINHA, CYRIAC JOSEPH
ASRAF ALLI – Appellant
Versus
NAVEEN HOTELS LTD. – Respondent


S. B. SINHA, J.

( 1 ) LEAVE granted.

( 2 ) THE claimant before the Motor Accident Claims Tribunal (for short "the Tribunal" ) is before us aggrieved by and dissatisfied with a judgment and order dated 12. 7. 2006 passed by the High Court of Karnataka at bangalore whereby and whereunder it allowed an appeal preferred by respondent No. 2, Insurance Company, in part, reducing the amount of compensation towards loss of future earning from Rs. 4,53,600/- to rs. 67,500/ -.

( 3 ) APPELLANT was aged 15 years when he met with an accident on 14. 9. 1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated. Before the Tribunal, several witnesses, namely, PW1 to PW5 were examined to prove that at the material time, appellant had been running a poultry farm independently. A large number of documents being Exhibit p. 1 to Exhibit P. 16 were also brought on record. The learned Judge of the Tribunal, relying on or on the basis of the said materials brought on record by the appellant, held :

"thus, it is evident from the oral evidence of PW3, coupled with documentary evidence that the petitioner by v











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