IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.MANMADHA RAO
Hema Kulkarni, W/o. B. V. Kulkarni – Appellant
Versus
Kishore J., S/o. Jagadish G. – Respondent
JUDGMENT :
K.MANMADHA RAO, J.
1. This appeal has been filed by the claimant under Section 173 (1) of the Motor Vehicles Act, 1988 (in short ‘the MV Act’) challenging the impugned Judgment and Award dated 04.01.2019 on the file of the XIII Addl. Judge, Court of Small Causes and Member, MACT, Bengaluru, (for short ‘the Tribunal’), in MVC No.3205/2017. The Tribunal has partly allowed the claim petition and awarded a sum of Rs.6,98,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realization, towards grievous injuries sustained by the claimant-appellant in a road traffic accident that occurred on 07.02.2017, which occurred when the petitioner was walking as a pedestrian and rider of motor cycle bearing No.KA-05/JV-4211 ridden in a rash and negligent manner, hit the claimant.
2. The claimant filed a petition under Section 166 of the Act, seeking compensation. It was pleaded that she spent significant amount towards medical expenses, conveyance charges and other related costs. It was further pleaded that the accident occurred solely on account of rash and negligent driving of the motorcycle by its rider.
3. Upon service of notice, the respondents appea
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