VENKATESH Vs. LAKSHMINARAYANA AND ANOTHER

JUDGEMENT

(1.) The present appeal has been prefered by the appellant-claimant assailing the judgment and award passed by the Civil Judge (Sr. Dn.) and Addl. MACT, Gubbi (hereinafter referred to as the "the Tribunal" for short) by order dated 7-8-2009 in MVC No. 529/2008.

(2.) The brief facts of the case are that on 12-12-2007 the claimant-appellant and his cousin Narayanaswamy had been to Chelur for their personal work and after finishing the same they had been to their relative's house at Hesarahalli and further, at about 1.00 p.m. they reached Hesarahalli Bus stop and were waiting for the bus on the extreme left side of the road to go to Gubbi. At that time, the rider of Hero Honda Motor Bike bearing registration No. KA-06-Q-4794 came from Chelur side with great speed in a rash and negligent manner without following the trafic rules and dashed against the claimant. Due to the said accident the claimant fell down and sustained the following injuries :

(3.) Immediately after the accident, the claimant was shifted to P.H.C., Chelur. After first aid he was shifted to Adichunchanagiri Hospital and Research Center and there he was admitted as an inpatient and he took treatment from 12-12-2007 to 18-2-2008. When he was undergoing said treatment, orthopedic operation to his fracture has been done and injuries to his tibia and fibula and a rod has been inserted to his fractured part. As an inpatient he had taken treatment for a period of six months. It is further case of claimant that he was working as a carpenter and was earning Rs. 9,000/- per month nd because of the permanent injuries which he has sustained he suffered loss of income and amenities in life and his future prospects of marriage has been affected and on these grounds a claim petition was filed.