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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