MFA No.21717/2011 is filed by the insurer challenging the

finding regarding negligence, liability and the quantum of

compensation determined by the Motor Accident Claims

Tribunal – IX, Bellary, in MVC No.575/2009.

The claimant has filed MFA No.20551/2011 seeking

enhancement

of

compensation

determined

in

MVC

No.575/2009.

The claimant contended in his claim petition that on

08.03.2009, he was riding a motorcycle bearing registration

No.KA-35/R-8754 along with a pillion rider and were returning

from Kariganur village and proceeding towards Vaddarahalli. At

about 7.30 p.m., when he was proceeding near the over bridge,

he shunted a parked lorry bearing registration No.KA-35/8746

(henceforth referred to as ‘offending vehicle’) and suffered

injuries in the accident. The claimant claimed that the lorry

was parked without switching on the hazard lights and without

taking proper measures to alert the other users of the road.

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The claimant was initially examined at Government Hospital,

Hospet and thereafter at Government Hospital, Bellary and

since the claimant had suffered head injury, he was referred to

NIMHANS, Bengaluru for higher treatment.

Based on these contentions, the claim