DEVARAJU Vs. M G RAVIKUMAR

JUDGEMENT

(1.) The present appeal has been preferred by the appellant - claimant being aggrieved by the judgment and award dated 01.12.2014, passed in MVC No.678/2012, by the III Additional District and Sessions Judge, Mandya (sitting at Srirangapatna) (hereinafter referred to as the 'Tribunal' for the sake of brevity).

(2.) Heard. The appeal is admitted and with the consent of learned counsel appearing for both parties, the same is taken up for final disposal.

(3.) The brief facts of the case are that on 05.08.2011, petitioner, Devaraju was proceeding on his scooter bearing No.KA-02-EG-801 as a pillion rider and the said scooter was driven by one Swamy. At about 10.30 a.m., when they were proceeding near Moduru Halla curve, at that time, a motor cycle bearing KA-11- Q-5229 came in a rash and negligent manner and dashed against the scooter in which petitioner was proceeding. As a result of the same, both fell down and sustained injuries. Immediately, the petitioner was taken to General Hospital, K.R. Pet. Thereafter, he was shifted to K.R. Hospital, Mysuru. There he was admitted as an inpatient and he has been operated. It is the contention of the petitioner that he was an inpatient from 04.08.2011 to 19.08.2011. It is further contention of the petitioner that before the accident he was working as a Mason and earning Rs.9,000/- per month and because of shortening of the leg, now he is unable to work as before. Hence, he has filed a claim petition under Section 166 of the Motor Vehicles Act, 1989.