RAMANANDA RAO Vs. GIRIJA KASBAKER

JUDGEMENT

(1.) This appeal and Cross objection are directed against the judgment and award dated 22nd April 2015 in M.V.C. No. 387/2013 on the file of the Senior Civil Judge and Member, Additional M.A.C.T., Kundapura ('the Tribunal' for short).

(2.) Briefly stated, the cross -objector/claimant filed claim petition before the Tribunal under Sec. 166 of the Motor Vehicles Act, claiming compensation of Rs. 55,52,000/ - in respect of the injuries sustained by him in a road traffic accident dated 30.12.2012.

(3.) His case was, on the above said date, at 6.40 p.m. while he was standing on the side of Koteshwara -Haladi State Highway, over mud portion, near Haiguli -Chikku Temple of Hombadi -Mandadi village, Kundapura Taluk, the rider of the Bajaj Discover Motor Cycle bearing registration No. KA -20/U -5914 came from Haladi side in a high speed and rash and negligent manner to the extreme side of the road and dashed against him, due to which, the claimant collapsed and suffered grievous injuries. Immediately he was shifted to N.R.A.M. Hospital, Koteshwara and thereafter he was treated as inpatient at Adarsha Hospital, Udupi from 30.12.2012 to 19.2.2013. He was under follow -up treatment after discharge from the hospital. He was running a Hollow Block Industry at Koteshwara, which stood in the name of his wife. He was driving 407 Tipper belonging to the said industry and was earning Rs. 15,000/ - per month. The accidental injuries have caused 100% disability. He is totally unconscious till now, due to which his family is put to financial distress.