KUMARA Vs. INDIRAMMA

JUDGEMENT

(1.) The claimant-appellant is before this Court under Section 173(1) of the Motor Vehicles Act, 1988 ('the Act' for brevity) aggrieved by dismissal of claim petition by the judgment and award dated 05.06.2012 in M.V.C.No.88/2007 on the file of the Fast Track Court at Channarayapatna.

(2.) The claimant-appellant had filed claim petition under Section 166 of the Act, seeking compensation for the injuries sustained by him in a road traffic accident that occurred on 02.12.1999.

(3.) On 02.12.1999, the claimant-appellant had gone to brick kiln of Channegowda in a lorry bearing Registration No.KA-02-A-5678 belonging to respondent No.1 for loading the bricks. It is stated that at about 10.00 a.m., when the lorry was loaded with bricks to an extent of 3/4th of its capacity, the driver of the lorry had driven the said lorry in reverse direction carelessly and in a negligent manner, as a result of the same, the back door of the lorry dashed against the brick kiln and bricks fell on the claimant-appellant and he sustained burn injuries. The claimant-appellant is said to have taken treatment at General Hospital, Tiptur and Victoria Hospital, Bengaluru and was an in-patient for three months.