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2024 Supreme(Online)(KAR) 23588

HIGH COURT OF KARNATAKA
MR VIJAYKUMAR A.PATIL, J
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD – Appellant
Versus
SRI. HARIDAS S/O. VILAS SAWANT – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SUBHASH J. BADDI, SRI. B. M. PATIL
For the Respondents: SRI. B. M PATIL, SRI. SUBHASH J. BADDI

Table of Content
1. accident details and claimant's condition (Para 2)
2. arguments about compensation assessment (Para 4 , 6 , 7)
3. court's rationale on disability assessment (Para 8 , 9 , 10 , 11)
4. legal principles on loss of future prospects (Para 12 , 13 , 14 , 15)
5. conclusion on compensation awarded (Para 20 , 21)

JUDGMENT

2. Brief facts leading to filing of these appeals are, the appellant/claimant on 30.05.2018 was proceeding on his motor cycle bearing registration No.KA.30/U-9993 from Ramnagar to Kapoli on Ramnagar-Alnavar Road. When he reached near Mundwad village, tipper lorry bearing registration No.KL- 64/4850 came from opposite direction driven by its driver in a rash and negligent manner and dashed to the motor cycle of the appellant/claimant. Due to that impact, the appellant/claimant fell down and sustained grievous injuries. He was shifted to Vijaya Ortho and Trauma Center at Belagavi, where he took treatment as inpatient. It is averred that due to accidental injuries, the appellant/claimant sustained permanent physical disability and lost earning capacity. At the time of accident, the appellant/claimant was aged about 22 years and was doing agricultural activity and

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