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2017 Supreme(Kar) 22

B.MANOHAR
Manager, Bajaj Allianz General Insurance Company Limited – Appellant
Versus
C. Sundara Raj – Respondent


Advocates Appeared:
For the Appellant : H.R. Renuka

JUDGMENT :

B. Manohar, J.

1. The Bajaj Allianz General Insurance company filed this appeal challenging the legality and correctness of the judgment and award dated 7th February 2011 made in MVC No. 9503/2009 passed by the Motor Accident Claims Tribunal, Bangalore (hereinafter referred to as 'the Tribunal' for short) fastening liability on them to compensate the claimant.

2. The first respondent herein filed a claim petition contending that on 01-11-2009 at about 2.40 p.m., while he was proceeding on the footpath new BEML Railway Station of Bangarpet-KGF Road, a Hero Honda Unicorn motor cycle bearing Registration No. KA-02/EP-9495 ridden by its rider in a rash and negligent manner came from KGF side and dashed against the claimant. Due to the said impact, the claimant fell down and sustained grievous injuries all over the body. Immediately after the accident, he was shifted to the Government Hospital at KGF. He had taken treatment there as an inpatient from 01-11-2009 to 04-11-2009. Prior to the accident, he was working as a mason and earning Rs. 7,500/- p.m. In view of the injuries and permanent disability suffered by the claimant, he cannot do the work of mason and sought for compens















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