Though this matter is listed for admission, with the

consent of learned counsel appearing for the parties, the

matter is taken up for final disposal.

Heard the learned counsel appearing for the

appellant

and

the

learned

counsel

appearing

for

the

respondents.

The factual matrix of the case of the claimant

before the Tribunal is that on 16.04.2015 at about 4.00 p.m.,

when the claimant/appellant was proceeding as a pillion rider

- 3 -

on a newly purchased motorcycle belonging to his friend from

Ankola towards Karwar and when they came near Amadalli

railway bridge, one TATA Indica car bearing registration No.

KA-47/6883 driven by its driver in a rash and negligent manner

from Ankola towards Karwar, hit the motorcycle. As a result of

the same, the claimant/appellant sustained grievous injuries.

Immediately he was shifted to Government Hospital at Karwar

for treatment and from there he was shifted to Tejaswini

Hospital and SSIOT Mangalore, for further treatment. He was

treated as an in patient for more than 80 days and spent a sum

of Rs.7,50,000/- towards medical expenses. It was the claim

of the claimant before the Tribunal that prior to the accident,

he was hale and healthy and he