RAMESH B.P. Vs. MANAGER

JUDGEMENT

(1.) This appeal has been filed by the appellant- claimant assailing the judgment and award dated 03.03.2010, passed by the III Additional Senior Civil Judge and MACT, Bengaluru (Hereinafter referred to as "the Tribunal" for brevity) in MVC No.110/2009.

(2.) Admit. With the consent of learned counsel for both the parties, it was heard finally.

(3.) The brief facts of the case are, on 24.10.2008 at about 1.00 p.m., petitioner Sri. Ramesh B.P., who working as a loader, un-loader cum cleaner was traveling in a Tata 709 LGV vehicle bearing registration No.KA-52-2094, in front of Fearn Hill Garden Apartment, HSR Layout, 100 Feet Ring Road, Bengaluru. When the said vehicle was so moving, it was driven in a rash and negligent manner by the driver of the said vehicle and while so driving, he went and hit the hind portion of an unknown lorry. As a result of the same, the petitioner and other persons sustained injuries. Immediately after the accident, he was shifted to St. John's Hospital, Bengaluru, wherein he has taken conservative treatment. Thereafter, he was shifted to Sanjay Gandhi Hospital and there he was admitted as an inpatient for two days and he has also taken further follow-up treatment. It is further contended that he has got difficulty in sitting, squatting, standing and other difficulties. He was sole earning member in his family and because of the injuries sustained, now he is unable to work and as such, he has filed a claim petition claiming compensation.