KUMARA NAYAK Vs. H. NAGARAJU AND ORS.

JUDGEMENT

(1.) THIS appeal by the claimant is directed against the judgment and award dated 2nd January 2009, passed in MVC No. 22/2007, by the Presiding Officer, Fast Track Court -III, Mysore, holding concurrent charge of Fast Track Court -I, Mysore, (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 35 years and hale and healthy prior to the date of accident, working as an agricultural coolie, earning a sum of Rs. 4,000/ - per month. It is alleged that the appellant met with an accident at about 7:30 P.M., on 20 -09 -2006, when he was returning by his bicycle, on the left side of the road on Mandya -Nagamangala Bypass road, about 1 kmt. East of Pandavapura Police Station, on account of rash and negligent riding by the rider of Motor Cycle Yamaha Crux bearing Registration No. KA -45/B -2096. Due to the impact, the appellant sustained grievous injuries and was immediately shifted to Government Hospital, Pandavapura and then to K.R. Hospital at Mysore. for further treatment.

(3.) I have gone through the grounds urged in the memorandum of appeal and the impugned judgment and award passed by Tribunal and heard the learned counsel appearing for the appellant and the learned counsel appearing for Insurer.