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2023 Supreme(Online)(Kar) 28512

KARNATAKA HIGH COURT
B K JEEVAN – Appellant
Versus
GENERAL MANAGER – Respondent


J U D G M E N T

Heard learned counsel for the appellant and the learned counsel for the respondent No.2-Insurance Company.

2. The present appeal is directed against the judgment and award dated 17th September, 2016 passed in MVC No.877 of 2016 by the X Additional Judge Small Causes and Motor Accident Claims Tribunal (for short hereinafter referred to as ‘Tribunal’). The appellant/petitioner has approached this Court in appeal seeking enhancement of compensation.

3. It is the case of the appellant/petitioner that on 3rd January, 2016 at 11.30 a.m. while he was proceeding on his motorcycle near Jain Temple, the driver of the car bearing registration No.KA-04-MP-9889 came in a rash and negligent manner and dashed against the motorcycle of the appellant/petitioner causing accident. The appellant/petitioner contend that he sustained injuries and was immediately shifted to V.S. Acharya Hospital where he took the first aid and then he was shifted to Hosmat Hospital, Bangalore and there he was an inpatient from 03rd to 13th January, 2016. He was diagnosed to be having the injury of left ankle subluxation with medial malleoli, type B open fracture, closed fracture of proximal third of right h

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