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2022 Supreme(Online)(Kar) 54839

SUJAYA – Appellant
Versus
RAGHAVENDRA BHAT – Respondent


This

is

an

appeal

by

the

petitioner

seeking

enhancement of compensation granted by the Tribunal for

personal injury sustained by him, in the petition filed under

Section 163A of the MV Act under no fault liability.

2.

For the sake of convenience the parties are

referred to by their rank before the Tribunal.

3.

The petitioner has filed this appeal seeking

enhancement contending that the compensation granted is

highly insufficient, inadequate and disproportionate and as

such requires enhancement.

3

4.

It is the case of the petitioner that on

28.06.2009 at about 10.20 a.m. petitioner was proceeding

on his motor cycle on Kundapura-Udupi Highway-17

towards Sasthana side. When he reached Saligrama Pete of

Chitrapady village, bus bearing registration No.KA 20/B

4131 (hereinafter referred to as offending vehicle) came

from Kundapura side towards Udupi, in a high speed and

over took the motor cycle of the petitioner and moved

further. When a passenger gave a hand signal to stop the

bus, the driver of the said bus suddenly applied brake, as a

result of which the petitioner who was behind the bus fell

down and sustained injuries.

5.

Petitioner claimed compensation in a sum of

Rs.2,50,000/-

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