MARUTI SHAMRAO JADHAV Vs. ANANDKUMAR SHANTINATH SHETTY

JUDGEMENT

(1.) The claimant in MVC No.1228/2014 on the file of the IX Additional District and Sessions Judge and Additional MACT, Belgaum, (henceforth referred to as 'the Tribunal' for brevity), is seeking enhancement of compensation awarded at Rs.3,09,650.00 with interest at the rate of 6% p.a., vide judgment and award dtd. 11/9/2015, directing respondent No.5 being insurer of the offending vehicle to deposit the same within two months. Parties shall be referred to as per their ranking before the Tribunal.

(2.) Brief facts of the case are that, the claimant has filed the claim petition under Sec. 166 of the Motor Vehicles Act in MVC No.1228/2014 before the Tribunal claiming compensation for the injuries sustained by him in the road traffic accident. It is contended by the claimant that on 16/3/2014, at about 3.45 p.m., when he was sitting infront of Shoukat Ibrahim Mulla garage, the truck bearing registration No.KA-23/B-1151 driven by its driver in a rash and negligent manner, came from Chinchili side in high speed, dashed to the tempo crusher bearing registration No.GA-08/U-8131 parked by the side of the road. The said vehicle dashed to the telephone pole and also to the claimant. As a result, the claimant sustained grievous injuries. Immediately he was shifted to the Government Hospital for first aid treatment and thereafter to KLE's Hospital, Belgaum, where he had taken treatment as inpatient by spending huge amount. The petitioner was aged 30 years and was a mechanic. He was earning Rs.25,000.00 p.m. Since the accident had occurred due to rash and negligent driving of the offending vehicle, the claimant suffered permanent disability. Therefore, respondent No.1 being the owner of the vehicle in question and respondent No.2 being the insurer of the offending vehicle are liable to pay compensation. Hence, prayed for allowing the claim petition.

(3.) Respondents have denied the claim of the claimant by filing written statement and contested the matter.