VIJAY V. SHETTY Vs. V. SHARADA

JUDGEMENT

(1.) This appeal by the claimant is directed against the impugned judgment and award dated 7th September 2012, passed in MVC No.81/2011, by the Presiding Officer, Fast Track Court-II, Motor Accident Claims Tribunal, Shimoga, (for short, 'Tribunal'), seeking to set aside the same and to award reasonable compensation for the injuries sustained by him in the road traffic accident.

(2.) The appellant claims to be aged about 29 years and hale and healthy prior to the date of accident. He contended that at about 9:00 P.M, on 04-12-2010, when the appellant was proceeding on his Hero Honda Splendor Plus Motor cycle bearing Registration No.KA- 02/HE-7948 towards Alkola from Police Chowki on the left side of the road, in front of petrol Bunk situate at 100 ft. road, Vinobanagar, Shivamogga city, at that time, the rider of motor cycle bearing Registration No.KA-14/W-6603 drove the said motor cycle in a rash and negligent manner and dashed against the appellant's motor cycle. Due to the impact, the appellant sustained grievous injuries to his head, face and other parts of the body and the bike was badly damaged. Immediately, the appellant was shifted to Mc. Gann Hospital, Shivamogga, and thereafter, on the advise of the Doctor, he was shifted to Nanjappa Hospital, Shivamogga, where he took treatment as in4 patient from 04-012-2010 to 07-12-2010 and thereafter admitted to Kasturba Hospital, where he took treatment from 07-12-2010 to 14-12-2010.

(3.) It is his further case that, on account of the road traffic accident, the appellant has gross facial asymmetry lengthening of mid fact more on left side and flattering of face on left side malar region and widening of roof of nose and B/L circumorbital hematoma and mouth opening was trestricted and also underwent cranio facial surgery and Research Centre S.D.M. College of Dental Sciences and Hospital at Sattur, Dharwad and because of the said injuries sustained in the accident, he has undergone severe pain and agony and for the treatment of the said injuries, he has spent reasonable amount towards conveyance, nourishing food and attendant charges including medical expenses and other incidental expenses and therefore, he has to be compensated reasonably.