NAGARAJ Vs. SENIOR DIVISIONAL MANAGER

JUDGEMENT

(1.) The claimant being aggrieved by the judgment dated 21.08.2009 passed in M.V.C.No.387/2007 by the Motor Accident Claims Tribunal, Bailhongal has filed this appeal.

(2.) It is the case of the claimant before the Tribunal that on 06.11.1999 at about 1930 hours on Bailhongal- Hosur Road at a distance of 1 1/2 k.m. from Chikkoppa cross within the limits of Murgod Police Station when the petitioner and his father were traveling by sitting in a tractor-trailer No.KA-22/257-258 towards Bailhongal, the driver of a Bus No.Ka-22/F-252 drove the same negligently towards Matolli and dashed the same to the tractor-trailer causing the accident, due to which the minor petitioner sustained injuries. The petitioner was aged about 11 years on the date of the accident and was a student. His father got him treated at Dr.Mahantesh Hospital, Bailhongal and also at KLES Hospital, Belgaum by spending Rs.1,00,000/-. Inspite of better treatment, the petitioner is suffering from permanent physical disability. Therefore he filed the claim petition under Rama Bommayya Naik and others V. Anilkumar Ayyappan Pillai and others in MFA No.22832/2010 connected with MFA No.23208/2010 decided on 22.03.2018claiming compensation against the NWKRTC (for short 'Corporation').

(3.) In pursuance of the notice, respondent- Corporation appeared before the Tribunal through its counsel and filed written statement denying the allegations regarding manner and mode of the accident, nature and consequence of the injuries suffered by the petitioner.