DHARIGOUNDA Vs. KRISHNAMOORTHY P.

JUDGEMENT

(1.) Heard the learned counsel for the appellant-claimant and the respondent No.2-insurance company.

(2.) The factual matrix of the case of the appellant- claimant is that on 8/4/2004 at about 5.30 p.m., when claimant and his brother-Malagoud Patil were going towards Belgaum City on Motor Cycle bearing No.K.A-22/V-1546, the driver of the truck bearing No. KA 01-AD-5353 came in high speed and took sharp turn towards left side and hit the motor cycle from back side and due to which, the claimant sustained injuries and immediately after the accident, he was shifted to KLE hospital. It is further contended by the claimant that due to the accident, the claimant sustained fracture of tebia with talus fracture. Before the accident, he was hale and healthy and working as a Engineer and class III contractor and having yearly income of Rs.1,20,000.00. Due to the accidental injuries, he has permanently disabled and he has lost his income.

(3.) In support of his claim, claimant was examined as PW-1 and doctor was examined as PW-2 and produced seventy four documents and same were marked as Ex.P.1 to Ex.P.74. On the other hand, the respondents did not examine any witness and however produced three documents and same were marked as Exs.R.1 to 3. The Tribunal after consideration of both oral and documentary evidence on record awarded compensation of Rs1,00,000/- with interest at the rate of 6% p.a. and directed respondent No.2- insurance company to pay the compensation. Being aggrieved by the said judgment and award, the present appeal is filed by the injured claimant.