CHENNA MASTAYA NAIK Vs. THAKKAR BHAVINBHAI JATYANTI

JUDGEMENT

(1.) This appeal is filed at the instance of the claimant seeking enhancement of compensation awarded in the judgment and award dtd. 3/7/2010 in MVC No.340/2007 by the learned First Additional MACT, Karwar (for short, 'Tribunal').

(2.) Brief facts are that on 14/5/2007 at about 11.10 a.m., while the claimant-appellant was proceeding on his Bicycle from Sodigadde to Sarpankatta by the side of the road, offending Maruti Omni Car bearing registration No.CJ-5/CA-0937 came from Belke side towards Bhatkal from behind being driven by its rash and negligent manner and in high speed and dashed against the claimant resulting in serious head injuries to him.

(3.) On the claim petition being filed, it was resisted by owner as well as Insurance Company and both filed their respective written statements denying the material averments made in the claim petition.