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2008 Supreme(Kar) 526

B.V.NAGARATHNA
Kumar Pramod Kurdikeri – Appellant
Versus
The Police Commissioner Hubli Dharwad – Respondent


Advocates Appeared:
For the Petitioner:H.M. Dharigond, Advocate.
For the Respondents: R1 & R2 - D.N. Kulkarni, HCGP.

JUDGMENT

1. This appeal is filed by the injured/claimant challenging the Judgment and Award passed in MVC.No.530/2002 on the file of the Prl.Civil Judge (Sr.Dn) and Addl.Mact, Hubli dated 25.5.2007 seeking enhancement of compensation.

2. The relevant facts of the case are that on 18.6.2002 the claimant was riding his bicycle on P.B.Road, Hubli, when the driver of the respondent vehicle bearing No.KA-25/G-91 came in a rash and negligent manner and dashed against the claimant, as a result he sustained injuries and he was shifted to hospital. Contending that he had suffered permanent disability, he filed the claim petition seeking compensation on various heads.

3. On receipt of notice from the Tribunal, the respondents appeared and filed their statement of objections denying the averments of the claim petition and seeking dismissal of the same.

4. Based on the above pleadings, the Tribunal framed the following issues;

5. In support of his case the claimant examined himself as PW.1 and Dr. Madiwalappa Barigidada as PW.2 and eyewitness PW.3 and got marked Ex.P1 to P10 while the respondent did not let in any evidence except getting the insurance policy marked as Ex.R1. On the basis of t























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