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2023 Supreme(Online)(Kar) 33032

KARNATAKA HIGH COURT
THE UNITED INDIA INSURANCE CO LTD (HUB) – Appellant
Versus
SMT. JYOTHI – Respondent


JUDGMENT

Appellant-Insurer challenges the judgment and award passed by MACT-V, Court of Small Causes, Bengaluru City in MVC No.4805/2011, dated 07.06.2012.

2. For the sake of convenience, parties are referred according to their ranks before the Tribunal.

3. The factual matrix necessary for disposal of this appeal can be stated in nutshell to the effect that on 31.03.2011, while Smt. Jyothi was crossing the road near Housing Board Colony, Magadi Main Road, driver of Ambulance bearing registration No.KA 06 G 607 came from Kamakshipalya and dashed against her, due to which she sustained severe injuries and was shifted to Victoria Hospital for treatment. She suffered permanent disability due to accidental injuries and incurred heavy medical expenses. Therefore, prayed for grant of compensation.

4. Respondent No.2-Insurance Company alone contested and filed written statement denying that accident occurred due to actionable negligence on the part of driver of Ambulance bearing registration No.KA 06 G 607. The age, occupation and income of injured is also denied. The offending vehicle was insured with respondent No.2. The insured has violated the conditions of policy since the driver was not

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