E.C. AJJAPPA Vs. E. NAGARAJ

JUDGEMENT

(1.) This appeal is filed by the claimant challenging the judgment and award dated 23.08.2012 passed in M.V.C.No. 130/2011 on the file of the II Additional Senior Civil Judge and Additional MACT-VI, Chitradurga ('the Tribunal' for short) dismissing the claim petition answering issue No.1 as negative.

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

(3.) The factual matrix of the case is that the injured filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 ('MV Act' for short) claiming compensation of Rs.10,00,000/- contending that when the petitioner was going on the left side of the road towards his land near Vrushabendrappa's kana at Chikkalagatta Village, all of a sudden the driver of a tractor-trailer bearing registration No. KA-16-TA- 1884-1885 drove the same in a rash and negligent manner with high speed and dashed against the petitioner. As a result, he fell down and sustained injuries. Immediately, he was shifted to Bapuju Hospital, Davanagere wherein he took treatment as an inpatient for 15 days and further he took treatment at Kasturba Hospital for 20 days. He was subjected to surgery and on account of the injuries, he has suffered permanent disability.