RAMESH Vs. ANNAPPA

JUDGEMENT

(1.) The appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter it is referred to as 'the M.V.Act') against the Judgment and Award dated 28.10.2004 passed in MVC No.95/2011 on the file of the Principal Senior Civil Judge and MACT, Ranebennur (for short "the Tribunal").

(2.) The facts leading upto filing of the present appeal briefly stated are that on 03.09.2010 at about 3.20 p.m. on P.B. road, the claimant was proceeding on his motorcycle bearing registration No.KA-27/J-5741, at that time, a lorry bearing registration No.KA-17/A-7409 driven by its driver came in high speed, rash and negligent manner and dashed the motorcycle of the claimant resulting in the accident. Due to the impact, the claimant sustained grievous injuries and was admitted to Grasim Janaseva Hospital, Kumarapatnam, then shifted to SS Hospital, Davangere and thereafter to Kasturba Hospital, Manipal.

(3.) The claimant filed petition under Section 166 of the MV Act claiming compensation in a sum of Rs.30,00,000/- together with interest at 12% per annum from the date of accident on the ground inter alia that he was working as operator in Grasim Industries Limited earning Rs.15,000/- per month with all perks and allowances. That due to the accident, he suffered grievous injuries, as a result of which, he is not able to discharge his regular day-to-day activities and duties. That in view of the injuries sustained by him, he is not able to perform his duties and functions as an operator as a result he has now been appointed as an attender, thereby his monthly income has been reduced drastically.