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2025 Supreme(Kar) 683

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M ADIGA, J
Jagadeesh Ram Prajapath S/o Sri Ganesh Ram – Appellant
Versus
Nayaz Ahmed @ M R Nayaz Ahmed – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI.SUNIL K.N., ADVOCATE FOR  SRI. RAMESH K.R., ADVOCATE)
For the Respondent: SRI.H.C.VRUSHABHENDRAIAH

JUDGMENT :

UMESH M. ADIGA, J.

This appeal is filed by the claimant challenging the judgment and award dated 14th July 2014, passed by the II Addl.District and Sessions Judge and MACT, Tumakuru, (for short `Tribunal'), in MVC No.772/2012, seeking enhancement of compensation.

2. For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

3. Brief facts of the case are that, on 01.10.2011, around 11.30 p.m., the claimant was going on the motorcycle bearing registration No.KA-06-V-2207 alongwith pillion rider Jayaprakash. When he reached Bhavikatte petrol bunk on National Highway No.4, the said vehicle met with an accident due to rash and negligent riding of the motorcycle bearing registration No.KA-06-EC- 4236. As a result of the impact, claimant sustained injuries. Immediately, he was shifted to NIMHANS Hospital, Bengaluru and thereafter, to M.S.Ramaiah Hospital, wherein he took treatment as inpatient. For the said reasons, claimant prayed for awarding of compensation.

4. Before the Tribunal, respondent No.1 filed written statement denying the averments made in the claim petition. It is contended that the claimant himself was responsible for causing



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