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2017 Supreme(SC) 1190

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
Dinesh Kumar. J. @ Dinesh J – Appellant
Versus
National Insurance Co. Ltd. – Respondent


JUDGMENT :

D.Y. Chandrachud, J.

1. Leave granted.

2. The present appeal arises from a judgment of the High Court of Karnataka dated 13 April 2016.

3. On 18 June 2012, the appellant who was riding a motorcycle bearing registration No.KA-04/EL-4782 met with an accident with a mini lorry belonging to the Second and Third respondents. The lorry was insured with the First respondent. As a result of the accident, the appellant suffered grievous injuries. The medical certificate issued by the Bangalore Baptist Hospital (Exhibits P-13 and P-14) indicate spinal injuries.

4. The appellant was twenty six years of age on the date of the accident and was working as a patroller in a private company. His income was Rs.11,000/- per month. The appellant filed a claim for compensation before the Motor Accident Claims Tribunal, seeking compensation in the amount of Rupees 40 lakhs. The appellant examined a doctor (PW 5) who deposed that the extent of permanent physical disability of the spine was thirty four per cent. The tribunal did not accept that the disability was thirty four per cent, noting that the doctor in his cross examination admitted that he had not personally treated the appellant and that t









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