GANESH KOTIAN Vs. PRASAD AND ORS.

JUDGEMENT

(1.) This appeal by the claimant is arising out of the impugned judgment and award dated 03.02.2012 passed in MVC No. 20/2009 on the file of the Principal Senior Civil Judge & Addl. Motor Accident Claims Tribunal, Udupi, (hereinafter referred to as Tribunal' for short).

(2.) The Tribunal by its judgment and award, awarded a sum of Rs. 1,33,270/ - with interest at 8% p.a., from the date of petition till its realization as against the claim made by the claimant on account of injuries sustained by him in the road traffic accident.

(3.) It is case of the claimant that, he was aged about 35 years as on the date of accident. He was hale and healthy prior to the accident and was a tailor by profession. On 29.08.2008 at about 8.00 p.m., the claimant being a pillion rider on a motor bike bearing Registration No. KA -20 -L -9281 came from Mulki towards Padubidri side. When the rider of the said bike Premanath reached near Mahalingeshwara Temple Dwara of Shivanagar, an auto -rickshaw bearing Registration No. KA -20 -7214 came from Padubidri side towards Mulki in a rash and negligent manner, proceeding on the western portion of NH -17 instead of Eastern Portion and dashed against the motor bike on the western portion of NH -17 and due to the said impact, claimant and the rider sustained grievous injuries. The claimant was shifted to A.J. Hospital, Mangalore and was admitted as an inpatient. He contended that, he was earning more than Rs. 6,000/ - per month. Due to the injuries sustained by him, he is unable to do any work and carry on his business as before and he had undergone treatment in A.J. Hospital, Mangalore. Further, Dr. Sudheer Hegde, Professor & H.O.D. Department of Ophthalmology, Mangalore who has examined the claimant has issued Ex. P10 -disability certificate which indicates that the claimant was inpatient from 29.08.2008 to 06.09.2008 and he has been diagnosed with right eye traumatic optic neuropathy with Lagophthalmos with disability of 40% and there is loss of vision to his right eye.