SHRIKANTH PANDURANGA NAIK, S/O PANDURANGA NAIK Vs. B R. PRADEEP RAJ, S/O B.P. RAMESH SHET, REGISTERED OWNER OF MARUTHI OMNI BEARING, REGISTRATION NUMBER, KA-19-M-2974, DOOR NO. 2-14-1197, BEJAI NEW ROAD, MENAZIS COMPOUND, MANGALORE AND THE DIVIS

JUDGEMENT

(1.) THE claimant in MVC. No. 104/2003 on the file of the Additional MACT Karwar is the appellant. The parties will be referred according to their ranking before the MACT for convenience.

(2.) THE case of the claimant is that on 6.11.2002 at 7.45 a.m., he was moving towards Baithkol from Chittakula side on his bicycle. While he was so moving, the driver of the Maruthi Omni bearing registration No. KA -19/M -2974 has driven the Maruthi Omni rashly negligently and dashed against the appellant. It resulted in accident and injuries to the claimant. For the pain, suffering and agony seeks for compensation.

(3.) THE learned Member of the Tribunal has framed issues, permitted the parties to lead evidence. P.W. 1 examined is the claimant. P.W. 2 is the Doctor who certifies the disability at 10%, P.W. 3 is the second Doctor who certifies the disability at 35% to the body. The learned Member of the Tribunal has accepted the evidence of P.W. 2, quantified the disability at 10%, fixed the compensation at Rs. 1,80,800/ -. The same is challenged by the claimant in this appeal.