LOKESH B. Vs. SURYANARAYANA RAJU JAGGARAJU

JUDGEMENT

(1.) Leave granted.

(2.) These appeals have been filed assailing the common judgment and order dtd. 2/8/2021 passed by the High Court of Karnataka at Bengaluru in MFA Nos. 5356/2018 (MV) and 3155/2018 (MV), arising from the award dtd. 20/2/2018 passed by the Motor Accident Claims Tribunal, Bengaluru (MVC No. 8056/2016). By the impugned judgment, the High Court partly allowed the appeal preferred by the insurer, dismissed the claimant's appeal for enhancement, and modified the quantum of compensation while affirming the finding of 20% contributory negligence on the part of the claimant.

(3.) The accident occurred on 19/11/2016 at approximately 6:00 a.m. on the Peenya flyover, Bengaluru. The appellant, aged 38 years and engaged in the tailoring business, was driving an Omni car bearing registration KA-52- M-4021 when it collided with lorry (AP-04-TX-4507), allegedly parked in the middle of the flyover without indicators or reflective caution. The appellant sustained grievous head and bodily injuries, including skull fractures, frontal hemorrhage, optic nerve trauma with resultant visual impairment, and bilateral wrist fractures. He was first treated at Premier Sanjeevini Hospital and later hospitalized at Sparsh Hospital from 19/11/2016 to 5/12/2016.