GOUSE AHMED SHERRIF Vs. VIANAY RAJ AND OTHERS

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 22nd March, 2011, passed in MVC No. 1235/2007, by the Presiding Officer, Fast Track Court-II, Motor Accident Claims Tribunal, Shimoga (for short, "Tribunal"), for awarding reasonable compensation on the ground that, the Tribunal is not justified in dismissing the claim petition.

(2.) The appellant claims to be aged about 45 years and hale and healthy prior to the date of accident. It is the case of the claimant that on 7-7-2007, at about 3:30 p.m., while the appellant was proceeding near Shantinagar Cross, on the extreme left side of the road by walk near Harige, Shimoga Taluk, at that time, a Hero Honda pleasure bearing Registration No. KA-14/V-7600, came at a high speed, in a rash and negligent manner and dashed against the appellant. Due to the impact, the appellant fell down and sustained injuries and he was immediately shifted to private hospital for treatment, where he ultimately took treatment as in-patient for a period of 15 days.

(3.) On account of the injuries sustained in the accident, the appellant filed the claim petition under S. 166 of the Motor Vehicles Act, before the Tribunal, seeking compensation of a sum of Rs. 4,45,000/- against the Insurance Company and others. The said claim petition had come up for consideration before the Tribunal on 22nd March, 2011. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, dismissed the claim petition. Being dissatisfied with the dismissal of the claim petition, the appellant has filed the appeal before this Court, seeking reasonable compensation on account of the grievous injuries sustained in the road traffic accident.