NAGARAJU Vs. BAJAJ ALLIANZ INSURANCE CO. LTD

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for the parties, the matter is taken up for final disposal.

(2.) This appeal is directed against the judgment and award dated 08.08.2013 rendered by the VI Addl.Judge and Member, MACT, Court of Small Causes, Bengaluru City in MVC No.4345/2011.

(3.) The factual matrix of the appeal is that on 10.07.2011 at about 4.00 p.m. the appellant/petitioner was riding his bike bearing Regn.No.KA-02-EA-9555 along with the pillion rider namely Karthik from Bangalore towards Kulumepalya on Bangalore Tumkur NH-4 Road slowly and cautiously. When they reached near Denso Factory at Jas toll to take 'U' turn towards Kulumepalya, with the indicator on, then the driver of the car bearing regn.No.KA-02-MC-9308 came from behind with high speed and in a rash and negligent manner and hit against the bike. As a result of the same, the petitioners fell down and sustained grievous injuries. After the accident petitioners were shifted to Mathrushree Hospital, Nelamangala for treatment. Prior to accident the petitioner was working as delivery boy and also he was doing gas technician work and earning Rs.12,000/- p.m. Due to the said injuries, he is not in a position to do his normal work as earlier. On all these grounds, the claim petition came to be filed by the petitioner seeking compensation.