PARASHARAM RAVALU PATIL Vs. KRISHNA NARASING KESAREKAR

JUDGEMENT

(1.) This appeal is filed under Section 173(1) of the Motor Vehicles Act, 1988 by the claimant challenging the judgment and award dated 19.01.2012 passed by the Fast Track Court II and Addl. MACT, Belgaum ( the Tribunal for short) in MVC.No.2865/2010 awarding compensation of Rs.3,76,800/- with 9% interest.

(2.) The case of the claimant-appellant is that, on 23.05.2010 at about 3.00 p.m, when the claimant was returning to his village on Belgaum-Khanapur Road NH4- A in a 407 Tempo bearing registration No.KA.22/9317, the driver of the said vehicle drove the same in rash and negligent manner and lost control of the vehicle and dashed to the ongoing Tanker bearing registration No.AP.28/U-6417 and caused the accident. As a result of the same, the claimant has sustained fracture to his left leg and other injuries. The claimant was taken to K.L.E Hospital, Belgaum for treatment and his left leg was amputated. After recovering from the injuries, he has filed a claim petition under Section 166 of the Motor Vehicles Act, 1988.

(3.) On service of summons, respondent Nos.1 & 2 have appeared through their counsel. Respondent No.1 has not filed any objections. Respondent No.2 has filed objections contending that the amount of compensation claimed by the claimant is highly exorbitant and without any basis and he has denied the averments made in the claim petition.