WASIM Vs. LIYAKATALI TAYABJI SOUDAGAR

JUDGEMENT

(1.) This appeal has been filed by the injured claimant challenging the judgment and award dtd. 30/7/2016 passed by the VIII Addl. District and Sessions Judge, Belagavi, in M.V.C. No.2525/2014 seeking enhancement of compensation.

(2.) Brief facts leading to filing of this appeal are that on 9/10/2014 the claimant and his brother were coming from Belagavi in vehicle bearing No.KA-23/1833, when they came in front of Maratha Mandal Degree College, the driver of TATA Xenon RX pickup vehicle bearing No.KA- 22/B-9952 came from opposite direction in a rash and negligent manner and dashed against the claimant's vehicle. Due to the said impact, the claimant sustained grievous injuries. It is averred that the claimant took treatment for the accidental injuries and spent huge amount for the same. It is further averred that the prior to the accident, the claimant was a cleaner and earning Rs.600.00 per day. Hence, sought for compensation.

(3.) Respondents appeared and filed objections. Respondent No.1 in his objections denied the averments made in the claim petition. It is contended that the accident has not caused due to any rash and negligent driving of the offending vehicle. On the other hand, the accident has caused due to the rash and negligent driving of TATA Ace vehicle and prayed to dismiss the claim petition.