B.C. PURUSHOTHAM S/O B. CHANDRA Vs. S. VAZEER S/O NOORAN SAB DASTHAGIRI SHARIF S/O ISMAIL SHARIF AND NEW INDIA ASSURANCE COMPANY LTD. REP. BY ITS BRANCH MANAGER

JUDGEMENT

(1.) ADMIT .

(2.) THIS appeal arises out of the impugned common judgment and award dated 05th June 2004 passed in MVC No. 179/1999 on the file of the Civil Judge (Sr.Dn.) and Addl. MACT, Bhadravathi ('Tribunal' for short).

(3.) THE brief facts of the case are: The appellant claims to be aged about 19 years as on the date of accident and was working as a cook at Bhadravathi, earning a sum of Rs. 2,000/ - per month. He was hale and healthy prior to the date of accident. On account of the injuries sustained in the road traffic accident, he had filed a claim petition under Section 166 of Motor Vehicles Act claiming compensation against the respondents, contending that on 16.06.1999, he was proceeding in a Yamaha motorbike bearing registration No. KA -17/H -4693 along with another person from Chikmagalur to Bhadravathi via. Kadur in a normal speed, observing all traffic rules. When they reached near Saraswathipura gate on K.M. Road, a lorry bearing registration No. MEC -4611 came from Kadur in high speed, driven by its driver in a rash and negligent manner and dashed against the motor bike. As a result, the appellant fell down and sustained crush injury on the left thigh, sutured injury on the left thigh sutured injury on the left side of head and fracture of left tibia and fibula. He has undergone treatment as in patient for 118 days in the hospital and the doctor has assessed the functional disability at 70% to the left lower limb. It is the further case of the appellant that he has spent reasonable amount towards medical expenses, conveyance, nourishing food and attendant charges. Hence, he filed a claim petition against the respondents claiming compensation.