MANGALA Vs. A. GANESH

JUDGEMENT

(1.) The claimants aggrieved by the judgment and award dtd. 31/5/2010 passed in MVC No.278/2007 by the Fast Track and Member MACT, Holenarasipura (hereinafter referred to as 'the Tribunal'), has filed this appeal.

(2.) Brief facts of the case leading to the filing of this appeal are that on 1/6/2007 at about 7.00 p.m., the original claimant viz., Chandregowda along with his brother-in-law, M.Shekar, got down from the bus at Thattekere bus stand so as to go to their village-Tattekere and while they were proceeding, at that time, a Swaraj Mazda Car bearing registration No.AP-10-T-7395, driven by its driver in a rash and negligent manner so as to endanger human life, dashed against the original claimantChandregowda and due to the said road traffic accident, Mr.Chandregowda sustained fracture and injuries to his both legs and therefore was shifted to Hemavathi Hospital, Hassan, for treatment and he was inpatient for a period of one month and thereafter taken treatment for a period of eight months at Government Hospital, Holenarasipura. Hence spent huge amount for treatment. It is further contended that the original claimant was hale and healthy before the accident and was working as a driver and earning Rs.6,000.00 p.m. Due to the said accident, he lost his earning capacity, became permanently disabled and was not in a position to work. Hence, filed the claim petition under Sec. 166 of the M.V. Act claiming compensation and Rs.20,00,000.00 with interest.

(3.) Heard the learned counsel for the appellants and also the learned counsel for the respondent No.2- Insurance Company.