SHARANAPPA Vs. H.M.NAGARAJ

JUDGEMENT

(1.) This appeal is filed by the appellant/claimant under Sec. 173(1) of the Motor Vehicles Act, 1988 (' MV Act ' for short) seeking enhancement by challenging the judgment and award dtd. 19/8/2008 passed by the Principal Civil Judge (Sr.Dn.) and MACT at Gulbarga in MVC No.1310/2006.

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

(3.) The brief factual matrix leading to the case is that, on 3/3/2000 at 11.00 p.m. the petitioner was proceeding to Channapatna from Bengaluru in Canter No.K.3907 and when the said Canter came near Sudarshan Viddya Peeth, a lorry bearing Registration No. 07.G.1491 came with high speed in rash and negligent manner and dashed against the Canter. As a result of collision, the appellant/claimant suffered grievous injuries to his both legs and immediately he was admitted to Sanjay Gandhi Hospital at Bengaluru, where he took treatment as inpatient for one year. It is claimed that, his left leg was amputated and he has become disabled and he is unable to walk and work. The petitioner was doing mason work and earning Rs.6,000.00 to Rs.7,000.00 p.m. and he was aged 25 years as on the date of accident. As he permanently disabled, he filed claim petition seeking compensation of Rs.40.00 Lakhs.