MOHAMMED SHAFI Vs. HARISH AMIN

JUDGEMENT

(1.) MFA No.5468/2010 and MFA.CROB.No.1/2012 are filed by the claimant and the Insurance Company, respectively, challenging the judgment and award dated 29.09.2009 passed in M.V.C.No.1975/2006 on the file of Fast Track Court, Mangaluru, D.K. and Motor Accident Claims Tribunal, Mangaluru, D.K. ('the Tribunal' for short) questioning the contributory negligence taken by the Tribunal and also the quantum of compensation.

(2.) The parties are referred to as per their original ranking before the Tribunal in order to avoid the confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that on 06.09.2006 at about 5:00 p.m, the claimant/injured was proceeding by riding the motorcycle bearing registration No.KA-19-V-137 towards his house at Konaje from his friends house at Harekala. When he reached a place called Jodukatte in Konaje Village, at that time, a Maruti Omni Car bearing registration No.KA-19/N- 1180 came from opposite direction in a rash and negligent manner and dashed against him. Due to the impact, he fell down and sustained injuries. Immediately, he was shifted to K.S.Hegde Charitable Hospital, Daralakatte, Mangaluru and he was an inpatient for a period of 6 days. Thereafter, he was shifted to Tejaswini Hospital at Mangaluru as an inpatient. Subsequently, he also took the treatment at S.C.S. Hospital at Mangaluru for a period of five days. The claimant was aged about 17 years and he was a student, studying in IX Standard. As a result of the accident, he has sustained the permanent disability and spent huge amount for his medication and caused loss of income to his parents, who have taken care of him during the laid-up period.