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2022 Supreme(Online)(Kar) 45203

SMT SHIVAMMA – Appellant
Versus
SRI RAJESH D – Respondent


This appeal is at the instance of the claimant seeking

enhancement of compensation awarded by the judgment and

award dated 10.03.2011 passed in M.V.C No.3672/2010 by the

XVI Additional Judge, Motor Accident Claims Tribunal-III,

Bengaluru City (for short, hereinafter referred to as 'Tribunal').

The claim petition was filed on the allegation that

while the claimant was walking in front of H.P Petrol bunk,

Mallatahalli, Bengaluru on 06.03.2010 at about 9.00 a.m, a Tata

Indica Car bearing registration No.KA55 753 driven by its driver

in rash and negligent manner dashed against her. On account of

3

that, she suffered grievous injuries and she was taken to the

hospital.

3.

Before the MACT, respondent No.1, the owner of the

offending vehicle remained exparte and respondent No.2

insurance company contested the proceedings by filing the

written statement.

4.

During trial, the claimant examined herself as PW1

and an orthopedic surgeon was examined as PW2 and the

documents Exhibits P-1 to P-15 were marked. The respondents

did not examine any witness and no documents were marked

against them.

5.

After hearing and perusing the records, the learned

Tribunal allowed the claim petition in par

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