SATHISH POOJARY Vs. UMESH POOJARY

JUDGEMENT

(1.) This appeal by the appellant-claimant is directed against the impugned judgment and award dated 14/12/2011 passed in MVC No.139/2011, by the Presiding Officer, Fast Track Court, Udupi, (hereinafter referred to as ' Tribunal' for short).

(2.) The Tribunal by its judgment and award, has dismissed the claim petition filed by the appellant.

(3.) In brief, the facts of the case are: The appellant claims to be aged about 35 years and was hale and healthy prior to the accident. That on 3.11.2010 at about 7.45 a.m. when the appellant in order to go to Udupi was walking on the road, at that time, his nephew by name Deepak came, stopped his Motor bike bearing No.KA.19.S.6894, permitted him to sit as pillion rider and when the said bike reached near the curve of Devalagujji, the rider applied the brake suddenly, due to which, the said bike turtled down appellant fell down and sustained injures. Immediately, he was shifted to K.M.C. Hospital, Manipal, where he took treatment as inpatient and thereafter, on the advise of the Doctor he has taken bed rest and followup treatment.