JUDGMENT :

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’, for short) is filed by the claimant challenging the judgment and award dated 14.02.2013, passed in MVC No.5239/2011 by the Motor Accident Claims Tribunal, Bangalore.

For the sake of convenience, parties are referred to as per their ranking before the Claims Tribunal.

2. Facts giving rise to the filing of the appeal briefly stated are that on 11.03.2011 at about 8.15 a.m., the claimant was proceeding on his motorcycle bearing registration No.KA-05-EM-7325 towards Addihalli from Bindiganavile and when he reached near Kerekodi, at that time, an auto rickshaw bearing registration No.KA-54-1380 being driven by its driver at a high speed and in a rash and negligent manner, dashed to the vehicle of the claimant. As a result of the aforesaid accident, the claimant sustained grievous injuries and was hospitalized.

3. It was pleaded that the claimant was aged 38 years at the time of accident and he was an agriculturist by occupation and was supplying milk to the dairy and earning Rs.12,000/-p.m. Due to the accidental injuries, he suffered permanent residual physical disability an