MALHARI MAHADEV MANNOLKAR Vs. SRI MARUTH: BABAJI PATIL

JUDGEMENT

(1.) THE claimant in MVC.No. 1713/2003 on the file of the Additional MACT - Belgaum is the appellant. The parties will be referred according to their ranking before the MACT for convenience.

(2.) THE facts necessary for the consideration of the appeal are as under: The case of the claimant is that on 30.08.2002, he was moving in a scoter bearing registration number KA22/K.9625 along with his wife to Majagaon, then the driver of the M80 bearing registration number KA24 E 3774 has driven the M80 rashly and negligently and hit the claimant, it resulted in accident and he sustained injuries. For the pain, suffering and agony seeks for compensation.

(3.) AFTER framing of issues, the learned Member of the Tribunal has permitted the parties to lead evidence, P.W.1 examined is the claimant P.W.2 is the Doctor, P.W.1 has narrated about the accident having occurred on account of negligent driving of Bajaj M 80 scooter, P.W.2 has certified the disability about the different parts of the body of P.W.1. The learned Member of the Tribunal has assessed the disability of the whole body at 15%, assessed the compensation at Rs. 1.75,300/ -and held that since the claimant was also negligent, quantified it as 50% and half of the compensation fixed is awarded.