HEMACHANDRA Vs. K. UMMER FAROOQ

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 25.2.2012 passed by the Court of the Addl. Sessions Judge, Fast Track Court, Puttur in MVC No.1533/2010.

(2.) Brief facts of the case are that on 1.8.2009 at about 9.10 a.m. when the claimant was riding his Honda Activa bearing Registration No.KA- 12-H-8803 from Jainaragudi of Bannur to Puttur and when he reached Haradi Electricity Board Office at Bannur, at that time, a bike bearing Registration No.KA-21-J-3224 came from opposite direction in a rash and negligent manner and dashed against the claimant's motorcycle. As a result, he fell down and sustained injuries and immediately he was shifted to the Pragathi Hospital, Puttur. After recovering from injuries, the claimant filed a claim petition before the Tribunal. In order to support his case, he examined himself as PW-1 and one more witness as PW-2 and two doctors as PW-3 and 4 and submitted 18 documents. On the other hand, the Insurance Company has not examined any witnesses but has produced 1 document. After appreciation of the evidence, the Tribunal has awarded compensation of Rs.1,42,700/- with interest at 6% p.a. Being aggrieved by the same, the claimant has filed this appeal.

(3.) Smt. Haleema Ameen, the learned counsel for the claimant submits that as per the injury certificate Ex.P-4, the claimant has sustained following injuries: