HARINATH TILHARI, J.

( 1 ) THIS is a claimant's appeal from the judgment and order (Award) dated 27th September, 1991, delivered by Sri A. C. Patil, Motor Accident Claims Tribunal (District Judge, Uttara Kannada, karwar) in M. V. C. No. a83 of 1988.

( 2 ) THE Tribunal has awarded the compensation to the tune of Rs. 40,000/ -. The claimant felt dis-satisfied and therefore has come up in appeal.

( 3 ) THE facts of the case in brief are that the claimant has been the victim of the Motor, vehicle accident that did take place on 18-4-1988 at about 8 p. m. in Vakkaikeri, Binaga Karwar, while he was proceeding to his residence on a bicycle along with his father. According to the claimant's case when the claimant reached Vakkalkeri along the National High way No. 17, on the date and at the time mentioned above, a lorry bearing Registration No. MYE 5778, belonging to respondent No. 2 in the claim petition as well as respondent No. 2 in the memo of appeal, which was being driven by respondent No. 1 Vithal Gouri, who came from behind from Karwar side driving it rashly and negligently and dashed against the claimant and his bicycle. According to the claimant's case, both father and son that

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