DILIP Vs. NITIN JAIN

JUDGEMENT

(1.) Sri Sanjeev Patil, learned counsel for the appellant files a memo seeking dispensation of notice to respondent Nos.1 & 3. Memo is allowed and notice to respondent Nos.1 & 3 is dispensed with. Even though this matter is listed for orders, with the consent of learned counsel on both sides, the appeal is taken up for final disposal.

(2.) This is a claimant's appeal calling in question the correctness of the Judgment & Award dated 01.09.2017 in MVC No.765/2012 by the learned I-Additional Senior Civil Judge and MACT, Kalaburagi. In the nature of the dispute raised in the appeal, we feel it unnecessary to refer to the facts of the case in detail.

(3.) Claim petition was filed on the allegation that on 10.07.2011 while the claimant was proceeding in auto rickshaw bearing Reg.No.KA-39/4583 from Kurkota to Basavakalyan with musical instruments at about 6.00 p.m., when the vehicle reached near Navadagi village, on account of rash and negligent driving of the auto rickshaw, it dashed to a truck bearing Reg.No.RJ-06/GA-3535 which was parked by the side of the road, resulting in serious injuries to the claimant-appellant, which led to amputation of his left leg below the knee.