SUNIL Vs. MD VRL., LOGISTICS LTD.

JUDGEMENT

(1.) Challenging the judgment and award dtd. 13/8/2014 passed by Presiding Officer FTC-III Court, Belagavi (for short, 'tribunal') in MVC No.2294/2012, this appeal is filed by the claimant seeking for enhancement of compensation.

(2.) Sri Vishwanath Prakash Allannavar, advocate appearing for Sri Vittal S.Teli, learned counsel for claimant-appellant submitted that in an accident that occurred on 17/5/2011, while claimant was working as a cleaner in lorry bearing registration No.KA-25/C-4972 belonging to respondent No.1, insured with respondent No.2, he sustained grievous injuries when said truck dashed to another Tanker lorry bearing Reg.No.MH-04/DD- 8278 parked by road side within the limits of Devala village. Though he took treatment at Lokmanya Hospital, Nigdi and SDM Hospital, he did not recover fully and sustained partial permanent physical disability. Claiming compensation for same, he filed claim petition under Sec. 166 of Motor Vehicles Act, 1988 (for short, 'M.V.Act').

(3.) On service of notice, respondents entered appearance and filed objections denying claim petition averments. Respondent No.2/Insurer specifically contended that accident did not occur due to rash and negligent driving of lorry and claimant did not sustain any permanent physical disability. It was also contended that compensation amount sought was excessive. Apart from above, it was also contended that claimant was a gratuitous passenger in goods vehicle. Respondent No.1 denied that claimant was employed as cleaner.