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2021 Supreme(Kar) 641

ALOK ARADHE, V.SRISHANANDA
Vijaya Kumar – Appellant
Versus
D. E. Shivaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ravindranath M., Advocate
For the Respondent:B.C. Seetharama Rao, Advocate

JUDGMENT :

Alok Aradhe, J.

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act' for short) has been filed by the claimant seeking enhancement of the amount of compensation, against the judgment dated 29.3.2014 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal' for short).

2. Facts leading to filing of this appeal briefly stated are that on 25.12.2008 at about 5.15 p.m., the claimant Vijay Kumar was proceeding in a Bajaj Scooter bearing Registration No. KA-14-H-2191 near Shrinidhi Wine Store, Shivamoga. At that time, a Maruthi Omni Van bearing Registration No. KA-15-M-250 which was being driven by its driver in rash and negligent manner dashed against the scooter of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and took treatment as an inpatient for 21 days.

3. The claimant thereupon filed a petition under Section 166 of the Act inter alia on the ground that the claimant was admitted to KMC Hospital, Manipal. It was further pleaded that the claimant was employed as a Mechanic and was earning a daily wages of Rs. 600/-. It is also pleaded that claimant

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