(1.) This appeal arises out of the judgment and award dated 7.10.2009 in MVC No. 747/2007 on the file of Motor Accident Claims Tribunal -V and Court of Small Causes, Bangalore.
(2.) The brief facts of the case of the claimant are that on 5.11.2006 at about 4.20 p.m., the appellant was proceeding in a motor bike towards Travellers Bunglow, Srirangapatna in Mysore to Bangalore Highway road, at that time, a Hyundai car bearing registration No. KA -09 -N -9029 came in rash and negligent manner and dashed against the motor bike, as a result of the impact, the appellant sustained grievous injuries. He was treated at Basappa Memorial Hospital, Mysore as inpatient. He underwent surgeries. He spent substantial amount for his treatment. He lost his income during the period of treatment and despite best treatment, he suffered disability. He filed claim petition under Sec. 166 of M.V. Act claiming compensation on account of injuries sustained by him.
(3.) The claim petition was contested by the insurer of the Hyundai car on the ground that the accident occurred on account of total negligence on the part of the claimant himself. The Insurance company has denied all material averments made out in the claim petition including the averments with regard to the expenses incurred for treatment, avocation of the claimant, disability said to have been suffered by him.