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2011 Supreme(Kar) 729

S.N.SATYANARAYANA
B. Vijaya Kumar – Appellant
Versus
M. B. Mallikarjuna – Respondent


Advocates Appeared:
For the Petitioner:Mahesh R. Uppin, Advocates.
For the Respondents:V. Narayanaswamy, Advocate.

Judgment :-

S.N. SATYANARAYANA, J:

1. Claimant in MVC no.55/2007 on the file of MACT, Davanagere, has come up in this appeal impugning the Judgment date 13/08/2010 passed therein dismissing his Claim Petition.

2. Brief facts leading to this appeal are as under:

Appellant herein, claimant before the Tribunal contends that on 11/09/2006at about 1.15 p.m., while he was travelling from Chitradurga in Kashi Vishwanatha Bus bearing No. KA- 17/A- 2871, the driver of the bus on the way near Bhavihal Village requested the claimant to check the left wheel of the bus. Accordingly the claimant got down to check the wheel. At that time, the driver, respondent No.3 before the Tribunal drove the bus in a negligent manner resulting in the tyre of the bus running over claimant and he sustaining injuries all over the body. It is his case that immediately he was shifted to Bapuji Hospital, Davanagere, where he was treated as inpatient from 11/09-/2006 and subsequently he was shifted to C.G. Hospital, Davanagrere, wherein he took treatment from 12/09/2006 to 12/10/2006. It is also his case that he has spent a sum of Rs. 70,000/- towards, medical treatment and he is still under treatment. The claimant








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