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2022 Supreme(Online)(Kar) 58256

SRI GOPAL M – Appellant
Versus
MUJAHID M – Respondent


AND

AWARD

DATED:28.06.2018 PASSED IN MVC NO.3553/2017 ON

THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE

AND MACT, BENGALURU(SCCH-11), PARTLY ALLOWING

THE CLAIM PETITION FOR COMPENSATION AND SEEKING

ENHANCEMENT OF COMPENSATION.

THIS MFA COMING ON FOR ADMISSION, THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal under Section 173(1) of the Motor

Vehicles Act, 1988 (hereinafter referred to as 8the Act9,

for short) has been filed by the claimants being

3

aggrieved by the judgment dated 28.06.2018 passed

by the Motor Accident Claims Tribunal, Bengaluru in

MVC No.3553/2017.

2.

Facts giving rise to the filing of the appeal

briefly stated are that on 04.05.2017 at about 07.15

p.m., the deceased Ambuja Gopal was proceeding in a

motorcycle bearing Registration No.KA-51-EH-8695 as

a pillion rider and the same was ridden by its rider-

cum-RC owner by name Mujahid from silk board

towards electronic city on NH-7 (BETL) elevated

flyover in a rash and negligent manner endangering to

human life, without observing any of the traffic rules

and regulations, while so proceeding reached near

electronic city phase-2 turning / curse (BMTC Depot)

due to his negligent riding lost control an

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