J.P. MALLIKARJUNA Vs. MANJUNATHA AND OTHERS

JUDGEMENT

(1.) The present appeal is preferred by the claimant assailing the judgment and award dated 2.5.2009 passed by the MACT, Mysore, in MVC. No. 583/2004, by which the claim petition filed by the claimant-appellant herein came to be dismissed.

(2.) Though the matter is listed for admission, with the consent of both parties, it is heard finally.

(3.) The brief facts of the case are that on 5.7.2004 at about 10.00 p.m., when the claimant J.P. Mallikarjuna was proceeding towards Srirangapatna on his Hero Honda motorcycle bearing Regn. No. KA-09-EA-5315, a tractor and trailer bearing Regn. No. KA-09-M-2477 and KA-09-M-2478 came in a rash and negligent manner from the opposite direction and dashed against the motorcycle, as a result of which, claimant fell down and sustained injuries to his lips, neck and near right eye, right shoulder, right hand, right hand finger and other parts of the body. Immediately thereafter, he was shifted to Mission Hospital and was operated. He was inpatient from 5.7.2004 to 9.7.2004. Due to injuries, there is a disfiguration on his face. Due to accidental injuries, he cannot perform his routine work. He was working in Falcon Tyres and earning Rs. 5,000/- per month. He has spent huge money for treatment. Hence, he filed a claim petition before the Tribunal seeking compensation of Rs. 7,85,000/- with interest at 12% per annum.