HANMANT LAXMAN BHAUVI Vs. KISTU FRANCIS DSOUZA

JUDGEMENT

(1.) The claimant in MVC No.2416/2009 on the file of the Fast Track Court-III & Additional MACT, Belgaum (henceforth referred to as 'the Tribunal' for brevity), seeking enhancement of the compensation awarded at Rs.3,14,680.00 vide judgment and award dtd. 13/7/2010 with interest at the rate of 9% and directing respondents No.1 and 2 to pay the same jointly and severally.

(2.) Brief facts of the case are that, the claimant has filed a claim petition in MVC No.2416/2009 before the Tribunal claiming compensation for the injuries sustained by him in the road traffic accident. It is contended by the claimant that on 18/12/2008, he was proceeding by the side of the PB Road to go to MK Hubli Sugar Factory. At that time, the driver of the TATA Sumo bearing Registration No.MH-04/A-1112 came from Belgaum and proceeding towards Dharwad in high speed and in a rash and negligent manner. As a result, the vehicle hit the claimant from behind, due to which, he sustained grievous injuries. Immediately, he was shifted to the Government Hospital at M.K.Hubli and thereafter, he was shifted to KLE Hospital, Belgaum for further treatment, where he was treated as inpatient from 18/12/2008 to 16/1/2009. He has undergone surgery and spent huge amount towards medical expenses. He has suffered permanent disability. Since respondent No.1 is the owner and the vehicle in question was insured with respondent No.2- Insurance company, the claimant claimed compensation from respondent Nos.1 and 2 jointly and severally.

(3.) Respondent No.1 has not contested the matter and respondent No.2 filed the objections denying the contentions taken by the claimant. It is contended that there was no such accident as claimed by the claimant and the claimant has not suffered any injuries. Therefore, respondent No.2 prayed for dismissal of the claim petition.