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2025 Supreme(Online)(Kar) 33741

KARNATAKA HIGH COURT
ASHOK S. KINAGI, J
SHRI. MAHANTESH S/O GURAPPA BIRADAR – Appellant
Versus
SHRI. CHETAN S/O SURYAKANT RAJAMANE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. HANAMANT R. LATUR
For the Respondents: SRI. S.S. NIRANJAN, SRI. G.N. RAICHUR

Table of Content
1. details of the accident and claims against both parties. (Para 2 , 3 , 4)
2. arguments made by the claimant and insurance company. (Para 10 , 11)
3. court's analysis and final decisions regarding compensation. (Para 14 , 15 , 16)

(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)

1. This Miscellaneous First Appeal is filed by the claimant, challenging the judgment and award dated 30.09.2014 passed in MVC No.2342/2012 by the learned I Additional Senior Civil Judge and Additional MACT, Belgaum (hereinafter referred to as ‘the Tribunal’, for short).

2. Brief facts leading rise to filing of this appeal are as follows:

That on 09.09.2011, the claimant was riding on a motorcycle bearing registration No.KA.22-EF.4843 as a pillion rider. The rider of the motorcycle was riding the vehicle in a rash and negligent manner and caused the accident. Due to which the claimant sustained multiple fractures all over the body and suffered a permanent disability. The claimant has lost his earning capacity due to the injuries sustained in the said road traffic accident. It is contended that he was earning Rs.9,000/- per month and due to the disability sustained by the claimant, he is unable to

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