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2023 Supreme(Kar) 156

H. B. PRABHAKARA SASTRY
Murugan T. S/o Thangavel – Appellant
Versus
P. Jayagovinda Bhat S/o Gopalakrishna Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G. Ravishankar Shastry.
For the Respondent: K. Poornabodha Rao,

JUDGMENT :

H.B. PRABHAKARA SASTRY, J.

1. The present appellant was the claimant in M.V.C. No. 1224/2017, before the I Additional District Judge and Motor Accident Claims Tribunal-II, Mangaluru (D.K.) (hereinafter for brevity referred to as “the Tribunal”) whose claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter for brevity referred to as “the M.V. Act”) for compensation from the respondents herein came to be dismissed as devoid of merit by the Tribunal vide its impugned judgment and award dated 05-07-2019.

Aggrieved by the same, the claimant before the Tribunal is before this Court through this appeal.

2. The summary of the case of the claimant in the Tribunal was that, on the date 19-01-2017, at about 9:00 a.m. when he was standing on the side of the road near Kankanady Bus Stand at Mangaluru, the driver of a Bus bearing registration No. KA-19/C-6864, driving the said Bus in high speed and in a rash and negligent manner, took the Bus in such a way so that its back wheel ran over the left foot of the claimant, inflicting grievous injures upon him. Immediately, the claimant was taken to the Government Wenlock Hospital, Mangalore, where he was treated as in-pat

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