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2024 Supreme(Online)(Kar) 43817

KARNATAKA HIGH COURT
M/S. HDFC-ERGO GENERAL INSURANCE CO. LTD. – Appellant
Versus
SMT. KANTHA MAHENDRA – Respondent


JUDGMENT

This appeal is preferred by the appellant/insurer questioning the judgment & award dated 27th February, 2020 passed in MVC No.1242/2019 by the XVIII Addl. Judge, Court of Small Causes & MACT, Bengaluru (for short ‘the Tribunal). This appeal is founded on the premise that the judgment & award passed by the Tribunal is perverse, arbitrary, illegal and the compensation awarded is exhorbitant and unreasonable.

2. Parties to the appeal shall be referred to as per their status before the Tribunal.

3. Brief facts of the case are as under:

On 30.11.2019 at about 11.00 a.m. when the claimant was crossing the road by observing traffic rules, all of a sudden a motor cycle bearing Registration No.KA- 04-EK-4143 ridden by its rider in a rash and negligent manner came in a high speed and dashed against the claimant, due to which the claimant sustained grievous injuries all over the body and immediately, she was shifted to Prolife hospital and thereafter to Medstar hospital, where she was admitted as an in-patient. She expended huge amount towards medicine, nourishment, transportation and conveyance.

3.1 It is stated that prior to the occurrence of the accident, the claimant was hale and hea

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