KENGEGOWDA C.S. Vs. A.R. SHANKAR, THE MANAGER, BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., BOREGOWDA AND THE MANAGER, THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THIS appeal by the claimant -appellant is directed against the impugned judgment and award dated 09/01/2012 passed in MVC No. 1608/2008, by the Principal Senior Civil Judge and Member, Additional Motor Accident Claims Tribunal, Hassan, (hereinafter referred to as ' Tribunal' for short). The Tribunal by its impugned judgment and award has dismissed the petition filed by the appellant on account of the injuries sustained by him in the road traffic accident.

(2.) IN brief, the facts of the case are: Appellant claims to be aged about 40 years, hale and healthy prior to the accident, working as PE Teacher and 'also' doing agriculture and earning Rs. 15,000/ - per month. That on 24.4.2008 at about 7.00 p.m. when the appellant was going along with one Vijayakumar in a Motor cycle bearing Reg. No. KA.13.K.2844 as pillion rider on Bidare -Gandasi hand post road at Bagivalu village Bare, at that time, the driver of autorickshaw bearing Reg. No. KA.13.A.2957 drove his vehicle in a rash and negligent manner and dashed against their motor cycle. Due to which, both the appellant and rider fell down and appellant sustained injuries on his right leg, right hands, knee and other parts of the body. Immediately, he was shifted to Government Hospital, Hassan, where, he took treatment as impatient for about 2 months, undergone surgery, implants were inserted and thereafter, on the advise of the doctor, he has taken bed rest and follow up treatment.

(3.) THE said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing both sides and after assessing the oral and documentary evidence, has dismissed the petition. Being aggrieved by the same, the appellant has presented this appeal.