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2009 Supreme(Kar) 236

K.L.MANJUNATH, JAWAD RAHIM
Shivarama Parameshwara Hegde – Appellant
Versus
Subray Honnappa Naik Major – Respondent


Advocates appeared:
For the Petitioner:Siddappa S Sajjan for Ravi G. Sabhahit, Advocates.
For the Respondent:R1 -J.S. Shetty, Advocate, R2 -Ravindra R Mane & MA Run Ponnappa, Advocates.

Judgment :-

1. The claimant is in appeal against the judgment and award in MVC No.141/2001 on the file of the MACT at Karwar, being dissatisfied with the grant of compensation as also the order absolving insurer of its liability.

2. We have heard the learned counsel on both sides.

3. The appellant filed a claim seeking compensation on material proposition that on 31.12.2000 at 14.30 hours, he was traveling in autorickshaw goods vehicle bearing registration No.KA-30/4442 accompanying cow and calf for transportation of which, the vehicle was hired. He was in the company of his co-brother Narayan Krishna Bhat. While they were proceeding, the driver was rash and negligent and by such act, lost control when they reached Valagalli Temple in Kumta taluk. The vehicle fell on side and capsizes. Due to the impact of such fall, the claimant suffered fracture of bones of both the legs and was immediately rushed to the hospital at Kurnta. Therefrom, he was shifted to KMC Hospital where, the doctors tried their best, but failed to save the limb and it was amputated below knee. The other leg also suffered physical disability despite best treatment in KMC Hospital, Manipal. He referred to the natur





















































































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