IRSHAD Vs. MAHAMADALI

JUDGEMENT

(1.) Being not satisfied with the award of compensation of Rs.1,64,500/- by the impugned award and judgment passed by the Additional MACT, Saundatti, in MVC No.603/2005, dated 09.04.2009 the sole claimant has preferred this appeal before this court for enhancement of compensation.

(2.) The brief facts which are necessary to dispose of the appeal are as under: The claimant had been to Saundatti in a 407 Tempo vehicle bearing No.KA-24-2636 on 22.04.2004 as a hamal along with his relative to unload the banana. After unloading the banana, he was returning the Munavalli in the same vehicle and the driver of the said vehicle drove the vehicle in a rash and negligent manner and as such, the vehicle toppled down on the left side of the road near Munavalli village and in the said incident, the claimant- petitioner suffered grievous injuries.

(3.) It is further contended that the claimantpetitioner was shifted to Dr. Naik's Hospital, Munavalli and he has spent Rs.1,00,000/- towards medical expenses and he was earning Rs.4,000/- per month as hamal and he was the sole bread earner and he has suffered permanent physical disability, as such, he has filed the claim petition before the tribunal for compensation.