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2024 Supreme(Online)(KAR) 11332

HIGH COURT OF KARNATAKA
Dr. H.B. Prabhakara Sastry, Mr. Ramachandra D. Huddar, JJ
Mr. Manu K. Muhiyudin – Appellant
Versus
Mr. Mohamed Hussain – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Siji Malayil
For the Respondents: Sri. Ravi Shankar S Samprathi

Table of Content
1. claimant seeks enhancement of compensation. (Para 1 , 2 , 3)
2. respondents admit vehicle ownership; deny negligence. (Para 5 , 6)
3. arguments about claimant's income and future prospects. (Para 15 , 16)
4. medical evidence supports claimant's injury. (Para 21 , 22 , 24)
5. court enhances compensation totals for loss of amenities and income. (Para 37 , 39 , 40)
6. court's final decision and modified compensation order. (Para 41)

JUDGMENT

The present appeal is filed by the claimant under Section 173 (1) of the Motor Vehicles Act , 1988, seeking enhancement of the compensation awarded by the VII Addl.Small Causes Judge, Motor Accidents Claims Tribunal (SCCH-3), Bengaluru, (hereinafter for brevity referred to as ‘the Tribunal’), by its judgment and award dated 27.04.2013, passed in M.V.C.No.2672/2011.

2. The summary of the case of the present appellant as claimant before the Tribunal was that, on the date 27.02.2011, at about 2.45 a.m., while he was traveling from Goa to Bengaluru in Sea Bird company's Bus bearing registration No.KA-01-D-8440 and when the bus reached near Toll Naka on Puna-Bengaluru road, Harihara, on 28.02.2011, it dashed against a Lorry coming from the

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