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2022 Supreme(Kar) 625

RAVI V. HOSMANI
Pradeep P – Appellant
Versus
Siddaraju – Respondent


Advocates appeared:
Shantharaj K., Advocate

JUDGMENT

1. Challenging judgment and award dtd. 14/5/2019 passed in MVC No.566/2015 by Prl. Senior Civil Judge and CJM and MACT, Ramangara, (hereinafter referred to as 'tribunal') this appeal is preferred by claimant seeking enhancement of compensation.

2. Shri. K Shantharaj, learned counsel for claimant submitted that in an accident that occurred on 11/7/2015 when claimant was walking by side of road, rider of motorcycle bearing registration no.KA-02-ER-6464 riding it in rash and negligent manner, dashed against him causing grievous injuries. Despite taking treatment, he sustained disability. Claiming compensation for the same, claim petition was filed against owner and insurer of motorcycle under Sec. 166 of the Motor Vehicles Act.

3. After issuance of notice, respondents no.1 and 2 entered appearance, but did not file written statement. Claimant examined himself as PW.1 and Dr. Malavegowda as PW.2. Exhibits P.1 to P29 were marked. Respondents did not lead evidence.

4. On consideration, tribunal held that accident occurred due to rash and negligent riding of motorcycle by its rider, that it was insured with second respondent - insurer, which was liable to pay compensation. Relying

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