MAHADEVA AND ORS. Vs. MAHADEVAIAH AND ORS.

JUDGEMENT

(1.) SRI . K. Shantharaju, learned counsel accepts notice for first respondent in MFA Crob. No. 148/2011.

(2.) THIS appeal and cross -appeal are directed against the judgment and award dated 29th January 2010 made in MVC No. 141/2007 passed by the Additional Motor Accidents Claims Tribunal, Ramanagara (hereinafter referred to as 'the Tribunal' for short).

(3.) THE claimant filed by the claim petition contending that on 28 -1 -2007 at about 5.00 p.m. the claimant was proceeding in his motor cycle bearing registration No. KA -05/Y -4009 on Bannigiri -Byramangala Road. Near Maravegowdanadoddi Village, a motor bike bearing registration No. KA -42/E -9021 ridden by its rider in a rash and negligent manner and in a high speed and dashed against the motor cycle of claimant. Due to the said impact, the claimant fell down and sustained grievous injuries. Immediately after the accident, he was taken to Sanjay Gandhi Hospital, Bangalore and he took treatment for a period of 47 days. He claims that he has spent more than Rs. 30,000/ - towards medical expenditure and in view of the injuries sustained and the fracture of right femur, he cannot work as an agriculturist. Prior to the accident he was hale and healthy and earning Rs. 10,000/ - p.m. Hence, he sought for compensation of Rs. 4,00,000/ -.