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2019 Supreme(Kar) 651

P.G.M.PATIL
Manager, Oriental Insurance Company Limited – Appellant
Versus
Jettappa – Respondent


Advocates:
Advocate Appeared:
G.N. Raichur, B. Shaffiulla, G.N. Narasammanavar, S.K. Kayakmath.

JUDGMENT :

P.G.M. Patil, J.

1. The Oriental Insurance Company Ltd. Thiluvalli Complex, P.B. Road, Davangere and the claimant being aggrieved by the judgment and award dated 07.11.2014 passed in MVC No. 20/2012 by the Prl. Senior Civil Judge and Member, MACT, Ranebennur have filed these appeals.

2. The case of the claimant before the tribunal is that on 03.04.2011 at 11.30 p.m. near Kunchiganalu village on NH-4 in Chitradurga when the petitioner and others were proceeding in a lorry bearing No. KA-01/AA-2697 along with their flower bags, at that time the first respondent alleged to have driven his lorry bearing No. KA-06/B-2023 in a rash and negligent manner so as to endanger human life as a result of which the accident was occurred and the petitioner sustained grievous injury and was taken to Government hospital Chitradurga for first aid treatment and then shifted to S.S. Hospital, Davangere for further treatment wherein, he took treatment as a inpatient from 04.04.2011 till 23.05.2011 and underwent surgery. Claimant claims to have incurred more than Rs. 1,00,000/- for his treatment. It is further urged that prior to the accident he was hale and healthy and was earning more than Rs. 3

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