RAVI @ RAVINDRA Vs. R. VASANT PRABHU

JUDGEMENT

(1.) The claimant being dissatisfied with the judgment and award dated 10.12.2014, passed in MVC No.1148/2010, by the Senior Civil Judge and Addl. MACT, Ramadurg, has filed this appeal.

(2.) It is the case of the claimant before the tribunal that on 9.1.2009 he was travelling in TATA Indicab car bearing No.KA-20/A-5701 owned by respondent No.1 from Hirekerur to Udupi; he left Hirekerur at 6.30 p.m. on 9.1.2009 and was proceeding towards Udupi. When the vehicle was proceeding on Agumbe-Hebri road, the driver of the said vehicle drove the same in a rash and negligent manner, lost control over the vehicle and dashed against the lorry bearing No.KA-20/B-1612 which was standing by the side of the road. The accident occurred on 10.1.2009 at about 12.40 a.m.

(3.) The petitioner suffered grievous injuries all over his body and another person by name Halappa also sustained injuries in the said accident. After the accident the petitioner was shifted to Kasturaba Medical College Hospital , Manipal and he was indoor patient from 10.1.2009 to 15.1.2009. He was again admitted on 28.1.2009 till 3.2.2009. Due to the serious injuries, he was not in a position to chew food. The petitioner has spent huge amount for his medical treatment. Thereafter he was shifted to A.J.Hospital, Mangaluru, for surgery and again he took treatment at SDM Hospital, Dharwad, for nasal bone surgery. The petitioner is still taking treatment at SDM Hospital, Dharwad. He had sustained multiple fracture injuries, viz., open head injury with anterior carnial fossa fracture, fracture of maxilla, avulsion of upper incisors, nasal bone fracture. Due to the said injuries, the petitioner is unable to chew food and is also having difficulty while breathing and the accident resulted in disfiguration of his face.