KARIBASAPPA Vs. HANCHIN AMARE MANJAPPA AND ORS.

JUDGEMENT

(1.) Though the appeal is posted for Admission, with the consent of the learned counsel of both the parties, it is taken up for final disposal.

(2.) This appeal by the claimant is directed against the judgment and award dated 23.09.2008 in MVC No. 453/2005 on the file of Civil Jude (Sr. Dn.) and MACT., Ranebennur questioning the quantum of compensation awarded by the Tribunal.

(3.) On 12.03.2005, the appellant -claimant was proceeding as a pillion rider on a motorcycle bearing registration No. KA/14 R - 8390 from Jayanti village to B.H. Road, Shimoga. At that time, a tractor -trailer bearing Registration No. KA -14/TA -4041 and KA.14/T -6707 came in a rash and negligent manner and dashed against the motorcycle wherein the claimant was proceeding as a pillion rider. As a result of the impact, the claimant sustained multiple grievous injuries for which initially he was treated in Meggan Hospital, Shimoga followed by C.G. Hospital, Davanagere and thereafter K.M.C. Manipal for a prolonged period of time. He spent substantial amount for his treatment in all the three hospitals. He was working as a mason. On account of accidental injuries, he lost his earnings since he is unable to attend his work. Inspite of the best treatment, he has suffered 60% disability of the whole body. He filed a claim petition before the Tribunal under Sec. 166 of the MV Act.