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2022 Supreme(Kar) 928

M. G. S. KAMAL
Gaviyappa H. K. – Appellant
Versus
Tata Aig General Insurance Company Ltd. – Respondent


Advocates appeared:
Girimallaiah, Advocate, for the Appellant; O. Mahesh, Advocate, for the Respondents

JUDGMENT

M.G.S. Kamal, J. - The appeal in MFA. 4852/2019 is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 (for short 'M.V. Act') against the judgment and award dated 04.02.2019 passed in MVC No. 7583/2017 on the file of the Motor Accident Claims Tribunal, Bengaluru (SCCH-15) (for short 'Tribunal').

2. The facts leading upto filing of the present appeal briefly stated are that, on 15.11.2017, at about 9.35 a.m., the appellant/claimant was proceeding on his Activa Honda motorcycle bearing Reg. No. KA-02/HW-8576. When he reached near Chikkiraiah Estate, Bidadi Hobli, Byramangala-Hosur road, Ramanagara district, another motorcycle bearing Reg. No. KA-42/W-4080 (hereinafter referred to as 'the offending vehicle') ridden by its rider in a rash and negligent manner from opposite direction dashed against the motorcycle of the claimant. Due to the impact, the claimant was thrown on the road and sustained grievous injuries. Claimant was taken to Sanjay Gandhi Hospital, Bengaluru for treatment. A case in Crime No. 487/2017 was registered.

3. Thereupon, the cla

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