HARIDAS SAKHARAM YADAV Vs. SHIVANAND MAHADEV PISE

JUDGEMENT

(1.) The claimant has preferred this appeal being aggrieved by the impugned judgment and award dtd. 3/9/2010 passed in M.V.C. No. 2952/2008 on the file of the learned Prl. Sr. Civil Judge & MACT, Belgaum (hereinafter referred to as the Tribunal), awarding compensation of Rs.58,900.00 with interest at 6% p.a. from the date of petition till realisation. Parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case are that the claimant filed claim petition claiming compensation for the injuries suffered by him. It is stated that he was traveling in the Canter bearing reg. no. MH-09/BC-9099 which was driven by its driver in a rash and negligent manner and dashed to the stationed truck bearing reg. no. KA-02/AB-7607 as a result of which the claimant sustained injuries. He was shifted to General Hospital, Nelamangala and he took treatment as an inpatient from 28/7/2007 to 14/8/2007. Later he was shifted to a private hospital at Nippani and he took treatment as inpatient. It is stated that the claimant was aged 36 years at the time of accident and he was working as a Driver. He suffered permanent disability and therefore he is entitled for compensation. Respondent No.1 insured of the Canter bearing reg. no. MH-09/BC-9099 has not contested the matter. Respondent No.2 being the insurer of the offending vehicle filed objection statement denying the contentions of the claimant and prayed for dismissal of the claim petition.

(3.) On the basis of these pleadings, the Tribunal framed the following issues: