SAMPATHKUMAR G.K. Vs. S. MUTTUSAMY

JUDGEMENT

(1.) Legal representatives of deceased claimant in MVC.No.215/2008 on the file of principal Senior civil Judge & CJM & Additional MACT, Dharwad ("the Tribunal" for short) are before this Court impugning the judgment and award dtd. 1/3/2012 passed in the above said claim petition.

(2.) The parties are referred to as per their ranks before the Tribunal for the sake of convenience.

(3.) Brief facts of the case are that, the claimant was travelling in the Indica Car bearing registration No.KA.25/N.5805. When he came near Mammigatti village, the LPG tanker baring registration No.KA.19/B.0516 came in a rash and negligent manner and in high speed. The driver attempted to overtake the Car in which the petitioner was travelling and applied the break suddenly. As a result of which, there was collusion between the two vehicles and the claimant sustained injuries. He was shifted to Shivakrupa Hospital, Hubballi where he was taken treatment as an indoor patient for about 25 days. Thereafter he was treated as outpatient and he spent Rs.3.00 lakh towards medical expenses. Therefore, he claimed compensation for the injuries sustained by him from the respondents.