BHUPANNA Vs. PRAKASH

JUDGEMENT

(1.) This appeal is filed by the claimant under Sec. 173(1) of the Motor Vehicles Act, challenging the judgment and award dtd. 14/9/2020 passed in MVC No.615/2015 by the II Additional Senior Civil Judge and MACT-VII, Vijayapura (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Tribunal.

(3.) The brief factual matrix leading to the case are that, on 5/6/2014, the claimant was coming from field towards Biraldinni village on NH-50 road and when he came near Biraldinni Cross, the Tata 407 goods vehicle bearing Reg. No.KA-28/A-9361 came from opposite direction driven by its driver in a high speed as well as in rash and negligent manner and dashed to the claimant resulting in the accident, due to which the claimant sustained injuries to both his legs and other parts of the body. Immediately he was shifted to Dr. Daddennavar Hospital in Bagalkot and he has taken treatment for 25 days as an indoor patient. The claimant was underwent investigations and surgeries for more than two times and implants have been inserted. The claimant was aged about 55 years prior to his accident and was earning Rs.10,000.00 per month and due to accidental injuries, he has become permanently disabled and hence lost his income. As such, the claim petition is filed under Sec. 166 of the M.V. Act, claiming compensation of Rs.8,00,000.00 against the respondents.