ARUN VAMANRAO DESHPANDE Vs. SANJAY

JUDGEMENT

(1.) Mfa No.102786/2014 is filed by the claimants and MFA No.101590/2014 is filed by the insurance company against the judgment and award dated 24.03.2014, passed in MVC No.2990/2012 on the file of II Additional Sessions Judge, Belgaum.

(2.) The brief facts which are necessary for the disposal of these appeals are as under : The parents and brother of one Mandar Deshpande lodged a claim petition under Section 166 of the Motor Vehicles Act, contending that on 28.03.2012 at about 10.30 a.m. one Mandar and his brother came from Ghataprabha to Belgaum for purchasing of computer peripherals at Shahapur and after purchasing of the materials they were proceeding towards Tilakawadi to meet their relatives by walk. When they reached near Nath Pai circle, one motorcycle bearing reg.No.KA-22/EH-4290 came from behind in rash and negligent manner and suddenly dashed to said Mandar. Due to the said impact, said Mandar fell down and sustained severe injuries and fracture dislocation T-4, S cut cord injury and cut paraplegia O/5 and other injuries on the vital parts of the body. He was shifted to the hospital. It is contended that he was treated at Shivakripa Hospital, Hubli, Shree J.G. Hospital, Ghataprabha, Wanless Hospital, Miraj, Karnataka Health Institute, Ghataprabha and ultimately succumbed to the injuries during the treatment.

(3.) It is further contended that the claimants have spent more than Rs.6.00 lakhs towards his treatment. It is also contended that Mandar was hale and healthy and was aged 23 years as on the date of accident and was earning Rs.15,000/- per month from computer business, and he was also earning Rs.1.00 lakh per annum from agricultural work by growing sugar cane crop and maintaining his family, and have sought for suitable compensation.