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2023 Supreme(Online)(Kar) 28650

KARNATAKA HIGH COURT
MANGALAMMA – Appellant
Versus
SARDAR – Respondent


JUDGMENT

Heard learned counsel appearing for the appellant and respondents.

2. This appeal arises out of the judgment and award dated 25.11.2016 in M.V.C.No.769/2014 by Itinerate Court of the Senior Civil Judge & XIX MACT, Chikkanayakanahalli.

3. The appellant met with an accident on 25.09.2013 at about 12.30 p.m. while traveling in Mahindra ALFA auto rickshaw bearing No.KA-44-5270 which met with an accident with an offending vehicle TATA ACE bearing No.KA-06-B-2149 coming from the opposite direction. As a result of the accident, the appellant sustained injuries of lacerated wound over the right leg, fracture of both bones of right leg and swelling of right leg upper 6x6 c.m., she was treated in the hospital for seven days. Later she was examined by PW-2, who assessed her disability. It was found that there was deformity in the right leg, multiple abrasion over the both knee joints and abnormal mobility of right leg which showed fracture of both bones also. It was opined that the petitioner cannot run fast, stand for long time etc., and has to depend upon others for her routine work. It was also opined that there is a disability of

37% on account of the injuries sustained to the lower

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