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2022 Supreme(Online)(Kar) 44443

P.C.JACOB – Appellant
Versus
THE MANAGER – Respondent


This appeal is filed under Section-173(1), of the

Motor Vehicles Act, 1988 (hereinafter referred to as 8MV

Act9

for

brevity)

by

the

appellant

-

petitioner,

challenging the judgment and award dated 02.05.2011,

passed in MVC No.5749/2009, on the file of MACT, at

Bangalore (hereinafter referred to as 8the Tribunal9 for

brevity).

Brief facts of the case of the appellant is

that on 10.07.2009 at about 4.30 p.m., the appellant

was

riding

his

motor

cycle

bearing

registration

No.K.A.04-ES-2410

from

Peenya

towards

Madanayakanahalli when he came near Padmavathi

Kalyana Mantapa, Bangalore, and when he was taking U

turn, the lorry bearing No.K.A.21-7340 without following

the traffic rules, came from Tumkur side and struck the

motor cycle of the appellant. Due to the impact, the

- 3 -

appellant fell down and sustained grievous injuries.

Immediately the appellant was shifted to life line

hospital and from there he was shifted to Columbia Asia

hospital where he took treatment as inpatient for a

period of 6 days in the said hospital and he underwent

closed

reduction

internal

fixation

and

wound

debridement. It is stated that, the appellant has spent

Rs.3,00,000/-

towards

treatment,

medicines,

co

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