MOHAMMADSAB Vs. M. R. PALANIAPPAN

JUDGEMENT

(1.) The claimant in M.V.C. No. 402/2007 on the file of the learned Civil Judge (Sr. Dn.) & Member, MACT-VIII, Badami (hereinafter referred to as the Tribunal), is before this Court impugning the judgment and award dtd. 25/2/2010, challenging dismissal of the claim petition. Parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case are that the petitioner was traveling in the Private Bus bearing reg. no. KA-22-B-6899 from Kerur to Bagalkot which was driven by its driver in rash and negligent manner and in high speed and dashed against the KSRTC bus bearing no. KA-29-F-683 resulting in the petitioner sustaining injuries. The petitioner has spent money towards treatment and the injuries affected his earning capacity. Hence he filed claim petition seeking compensation from the respondents.

(3.) On the basis of these pleadings, the Tribunal framed the following