A RAHIMAN Vs. M WABBER

JUDGEMENT

(1.) This appeal is filed by the respondents 1 and 2 in claims Case No. 72 of 1966 on the file of the Motor Accidents Claims Tribunal and District Judge, South Kanara, Mangalore against the award passed by the Tribunal holding that the claimant in the said claims case was entitled to an amount of Rs. 6,750 as compensation from these appellants in regard to his claim arising out of a motor accident that took place at about 5-30 p.m. cm 22-10-1966 on Mangalore-Charmady Road between mile-stones 27/4 and 27/5.

(2.) The averments of the claimant are that he was an engineer expert working in the Basel Mission Trust, Bangalore and drawing about Rs.665 per month though he was entitled to a salary of Rs.2,000 per month. On 22-10-1966 he was travelling in car bearing registration No.MYX. 761 belonging to the said Trust and driven by one Mr. Gauer. The car was proceeding towards Mangalore. There was a 'S' curve between the said mile-stones. It was upgradient for the car. The car was being driven at a speed of 20 miles per hour and while it was negotiating the curve on its proper side of the road, lorry bearing registration No.MYX.8585, belonging to appellant 1 and driven by the driver of appellant 1 and insured with the insurance company which is appellant 2 came from the opposite direction. It was being driven in great speed and rashly and negligently.

(3.) In view of such driving on the part of the driver of the lorry, the lorry dashed against the car and it was a head-on collision. In view of this collision, the claimant sustained injuries and he became unconscious. He was taken to Fr. Muller's Hospital at Kankanady in Mangalore and treated there. Thereafter also he was treated for a considerable time. In view of the injuries sustained by him in the accident, his nose had lost its shape and there was a permanent dis-figurement and that his collar bone got fractured and now he is prohibited from exerting himself to the extent that he was required to exert in the discharge of his duties and his consultation of eminent surgeons in Germany showed to him that no operation was desirable as it was a risky'one. The claimant claimed Rs.50000 as compensation.