B M RAMAKRISHNA Vs. K YOGANANDA AND ORS

JUDGEMENT

(1.) This appeal is by the claimant being aggrieved by the impugned Judgment and Award dated 31st December 2009 passed in M.V.C. No.323/2008 on the file of the learned Civil Judge (Sr. Dvn.), Maddur (hereinafter referred to as ' Tribunal' for short).

(2.) The Tribunal by its judgment and award, has dismissed the claim petition filed by the claimant on account of the alleged injuries sustained in the road traffic accident, the claimant has presented this appeal.

(3.) In brief, the facts of the case in hand are: The appellant was aged about 39 years at the time of the accident, hale and healthy prior to the accident, doing agricultural and paddy business. Be that as it may, at about 12.30 p.m. on 05.06.2008 when he was proceeding towards Besagarahalli town from Maharnavamidoddi village as pillion rider in the Bajaj Pulsar Motorcycle bearing Registration No. KA-11/L- 1912, which was being driven by its owner-cum-driver one K. Yogananda 1st respondent in this case, slowly and cautiously, by following the traffic Rules and Regulations, near Bhagyalakshmi Saw Mill, one lorry bearing Regn. No. KA-05/A-6677 driven by its Driver in a rash and negligent manner so as to endanger human life, came from opposite direction i.e. from Mandya towards Maharnavamidoddi and dashed against the Bajaj Pulsar Motorcycle. Due to the impact, the claimant fell down and sustained grievous injuries all over the body. Immediately he has been taken to Government Hospital at Besagarahalli Village and on the advise of the Medical Officer on the same day he was shifted to JSS Hospital, Mysore, where he had taken treatment as inpatient till 30th June 2008. He also undergone surgery and an iron rod has been fixed and forehead wound was sutured. Further, he has taken treatment as an outpatient and has spent more than Rs.2,00,000/- towards medical expenses. In view of the said accident he has suffered lot of pain and agony, mental shock and he is not in a position to sit, walk and stand for long time and he is getting pain often and often due to the fracture of his right leg and right hand and he requires further operation in this regard. Further, he contended that prior to the accident he was earning more than Rs.25,000/- p.m. by doing agricultural and paddy business and he has completed his MBA in the year 1994 and he is well educated person in the family having wife and two children and the accident took place only due to rash and negligent driving by the driver of goods vehicle/lorry and the 3rd respondent is the owner and 4th respondent is the insurer of the lorry. The owner and insurer of Bajaj Pulsar Motorcycle i.e. respondent No.1 and 2 are only formal parties. Therefore, he was constrained to file the claim petition claiming compensation against the respondents under Section 166 of the M.V. Act on account of the injuries sustained in the road traffic accident.