HASSAIN ALIAS HASSAINAR, Vs. USMAN, MAJOR,

JUDGEMENT

(1.) THIS appeal by the claimant is arising out of the impugned judgment and award dated 16.07.2011 passed in MVC No.2051/2005 on the file of the I Additional Senior Civil Judge & CJM and Member, MACT, Mangalore, (hereinafter referred to as 'Tribunal' for short).

(2.) BY its judgment and award, the Tribunal has awarded a sum of Rs.4,67,353/ - with interest at 6% p.a., from the date of petition till its realization as against the claim made by the appellant, on account of the grievous injuries sustained by him in the road traffic accident.

(3.) IT is the case of the appellant -claimant that, he was aged 48 years as on the date of accident and was hale and healthy prior to the accident and was working as a mason, earning Rs.6,000/ - per month. On 12.11.2005 at about 11.00 a.m., when he was returning from his friend's house and waiting for the bus at a place called Vagga in Kavalapadoor Village, Bantwal taluk on the extreme left side of the mud portion of the road of Belthangady, Bantwal State Highway -64, at that time, a jeep bearing Regn.No.CTX -7035 came from Belthangady side towards Bantwal at a high speed and rash and negligent manner and dashed against the claimant. Due to the impact, he fell on the road and sustained grievous injuries.