H PADMANABHA PAI Vs. PRADEEPCHANDRA SHETTY

JUDGEMENT

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

(2.) This appeal is directed against the judgment and award dated 28.01.2013 rendered by the Senior Civil Judge and Member, Addl.MACT, Kundapura in MVC No.622/2011.

(3.) It is evident in the claim petition that on 12.02.2011 at about 3.30 p.m. when the petitioner was traveling as a Rider in T.V.S. Scooter bearing Regn.KA 20-X/3518, the driver of the Ford Icon Car bearing Regn.No.KA-20-N/875 driven by the first respondent came from Bidkalkatte side in a very high speed, in a rash and negligent manner and dashed against the Scooter of the petitioner and caused accident near Haladi Junction, Kundapura Taluk. Due to the said impact, the petitioner fell down and sustained grievous injuries. After the accident, he was taken to NRAM Hospital, Koteshwara, and he took treatment as an inpatient. He has sustained major fracture injuries to his left leg. Prior to injuries he was hale and healthy and was working as Pigmy Collector under Belve Vyavasaya Seva Sahakari Bank Niyamitha, Haladi Branch and also doing other business and was earning monthly income not less than Rs.12,000.00. Due to the accidental injuries, he has suffered permanent disablement and permanent disfiguration. On these grounds, petitioner filed the claim petition before the Tribunal seeking compensation.