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2025 Supreme(Kar) 512

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA
Divisional Manager, National Insurance Co. Ltd. – Appellant
Versus
H.M. Pradeep @ Ramesh, S/O Mallesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. O. MAHESH, ADVOCATE
For the Respondent:SRI. S.RAJU, ADVOCATE FOR M/S S.RAJU ASSTS.

JUDGMENT :

UMESH M ADIGA, J.

Both these appeals arise out of the common judgment and award dated 06.02.2012 passed by MACT, Principal Senior Civil Judge and CJM, Ramanagara, in MVC.No.339/2009 (for short 'the Tribunal').

2. MFA.No.5248/2012 is filed by the insurer and MFA.CROB.No.113/2012 is filed by the claimant challenging the impugned judgment and award.

3. The parties are referred to as per their ranking before the Tribunal.

4. Brief facts of the case are that on 01.11.2008 at around 5.00 p.m., when the claimant was going by walk near lake of Channapatna road, the rider of the motor cycle bearing No.KA-42-H-3035 came in a rash and negligent manner and dashed against the claimant. As a result, he sustained grievous injuries. Immediately, he was shifted to Government Hospital, Channapatna and thereafter, he was taken to Mathru Sri Nursing Home, then for higher treatment, he was shifted to Bowring Hospital, Bengaluru as well as NIMHANS Hospital. He spent rupees two lakhs towards medical expenses.

5. It is further case of the claimant that at the time of accident he was aged about 25 years, was earning Rs.6,000/- p.m. by working in Silk twisting factory as well as agriculture and suffere

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