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2021 Supreme(Kar) 134

N.S.SANJAY GOWDA
Ravi @ Ravindra, S/o Yamaiah – Appellant
Versus
Thammanna, S/o Late Boraiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Raja.L, Adv.
For the Respondent:Sri. O.Mahesh, Advocate

JUDGMENT :

1. MFA.6863/2014 is by the claimant seeking for enhancement, while MFA.1541/2014 is by the Insurance Company challenging the award of the Tribunal on the ground that there was no motor vehicle accident at all.

2. On 29.08.2012, a claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) by the claimant – Mr.Ravi @ Ravindra. In the claim petition, he basically stated that while he was returning to his village after finishing his work on 24.05.2012, a motorcycle bearing registration No.KA03-EJ-5126 hit him from behind and as a result, he suffered grievous injuries.

3. In other words, it was his case that he was a pedestrian and while he was walking by the road, he was struck by the motorcycle. He contended that he had suffered a permanent disability and claimed a total sum of Rs.9,75,000/-as compensation.

4. The 1st respondent i.e., the owner of the motorcycle entered appearance and contested the matter by denying all the claim averments. He further stated that his motorcycle was insured with the 2nd respon

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