PRASHANT APPASAB AKKOL Vs. KALLAPPA BASAPPA HARAVI

JUDGEMENT

(1.) .This appeal is filed by the claimant against the judgment and award passed by the Presiding Officer, Fast Track Court-IV, Belagavi (hereinafter referred to as the 'Tribunal below', for short), whereunder his claim petition under Section 166 of the Motor Vehicles Act, 1988, for a compensation of Rs.10,00,000/- was dismissed.

(2.) The Tribunal below has framed the following issues for consideration:

(3.) The summary of the case of the claimant in the Tribunal below was that, on 28.01.2007 at about 8.20 pm, while he was proceeding to Harugeri market by walk on Gokak-Athani road, at that time, in front of Shri. Chana Vrashabendran College in the village limits of Harugeri, a Swaraj Tractor bearing registration No.KA-23/E-4907 attached with the trailers bearing registration Nos.KA- 23/TA-3281 and 3282, being driven by its driver in a rash and negligent manner, coming from Hidkal side, came from behind and dashed to him. Due to the said accident, he sustained grievous injuries all over the body including fractures to right patella and fracture of mandible and other grievous injuries. It is his further case that, he was shifted to Dr. Shaha's Orthopedic and Fracture Hospital, Miraj, for medical treatment, where he underwent three surgeries and was inpatient in the hospital for about eight months in two sessions. Thereafter, he took treatment in a hospital at Gokak as an inpatient. It is his further case that, immediately after the accident, he had intimated the doctor at Miraj regarding the Road Traffic Accident and the doctor had told him that he will intimate the Police Authority for registration of the crime. However, it is only after his discharge, he came to know that no complaint was lodged with respect to the accident. The Kudachi Police also did not oblige to receive his complaint thereafter. As such, he filed a private complaint before the JMFC, Raibag, narrating the facts, which came to be registered in C.C.No.697/2008. In addition, narrating about the accident, he has also stated that, due to the accident he has suffered loss and permanent physical disability and held the respondents liable to pay him the compensation.