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2024 Supreme(Online)(KAR) 28520

HIGH COURT OF KARNATAKA
T G SHIVASHANKARE GOWDA
HANEEF URUF ISMAIL – Appellant
Versus
CHINNARAJU K – Respondent


Petitioner Advocates:SHARADAMBA A R ,Respondent Advocate: O MAHESH FOR R2

ORAL JUDGMENT

In this appeal, the petitioner is questioning the dismissal of the claim petition filed by the petitioner under Section 166 of the Motor Vehicles Act.

2. For the sake of convenience, the parties shall be referred to as per their status before the Tribunal.

3. Brief facts of the case are, on 05.09.2011 at 7.00 pm, when the petitioner was travelling in a Maruthi Omni Car bearing registration No.KA-01-P-861 from Mangaluru- Sakaleshapura B.M.Road, Kappalli, Swift Car bearing registration No.KA-51-Z-9959 came from the opposite direction and dashed against the Maruthi Omni Car, due to which, the petitioner being the inmate of the Maruthi Omni Car sustained injuries. After taking treatment at various hospitals, he has approached the Tribunal for grant of compensation of Rs.10 Lakhs against the owner and insurer of the Swift Car. The claim was opposed by the insurer of the petitioner. The Tribunal, after recording the evidence and on hearing both the parties, by the impugned judgment and decree had dismissed the claim petition. Aggrieved by the same, the petitioner is before this Court.

4. Heard the arguments of Smt.Sharadamba.A.R., learned counsel for the appellant and Shri O.M

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