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2018 Supreme(Online)(Kar) 2987

IN THE HIGH COURT OF KARNATAKA
S. Abdul Nazeer, K.S. Mudagal, JJ
Mallesh N. V. v. Managing Director Karnataka State Road Trans. Corpn.


1. In this appeal filed under S.173 (1) of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and award in MVC No. 704 of 2014 dated 30.6.2015 on the file of the Principal Senior Civil Judge and Additional MACT at Hassan (for short 'the Tribunal') whereby the Tribunal has awarded a total compensation of Rs. 4,49,000 with interest at 6 per cent per annum from the date of the petition till the date of deposit. The appellant has filed this appeal seeking enhancement of compensation.

2. The claim petition was filed by the appellant before the Tribunal seeking compensation of Rs. 25,00,000 with interest at 18 per cent per annum for the injuries sustained by him in a road accident occurred on 21.8.2013.

3. Learned counsel for the appellant submits that the appellant had suffered grievous injuries in the accident. The doctor, who was examined as PW 2 has assessed disability at 22 per cent to the left lower limb and 46 per cent to the right lower limb. The doctor has given the opinion on the basis of the medical records. However, Claims Tribunal has taken his permanent disability to the whole body at 15 per cent. The Tribunal has not taken the disability of the appellant


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