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1981 Supreme(Kar) 280

G.N.SABHAHIT, S.G.DODDAKALE GOWDA
VELLAYYA GOUNDER – Appellant
Versus
N. RAMANATHAN – Respondent


Advocates:
J.M.P.Lobo, M.M.Cariyappa, M.Souriraju

SABHAHIT, J.

( 1 ) THIS appeal by the owner is directed against the judgment and award, dated 18-12-1980, passed by the Motor Accidents claims Tribunal, Bangalore City, in MVC 81/1980, on its file, awarding compensation of Rs. 51,318-58 ps. to the injured claimant.

( 2 ) IT is the case of the claimant that he was working as a Casting Inspector in veekay Malleables, on a monthly salary of rs. 226 plus attendance bonus of Rs. 26. On 23-6-1979, at about 7 45 p. m. the claimant was going cycling on Bangalore tumkur Road near Mangharam Biscuit factory slowly and by the left side of the road in order to go to his factory. The lorry bearing No. TNE 3831 came from behind at a terrific speed and without sounding the horn and suddenly hit against his cycle. The claimant fell down injured and his left foot was crushed. His cycle was damaged. On these averments he claimed compensation of Rs. 1,70,000 from the respondents. Respondent-1 Vellaya gounder is the owner and respondent 2 was the driver and respondent 3 is the insurer of the vehicle. They denied their liability. The Tribunal appreciating the evidence on record held that the accident was the result of rash and negligent driving of the l






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