IRANNA Vs. MOHAMMADALI KHADARSAB MULLA

JUDGEMENT

(1.) IN a bodily injury case, the injured, a minor represented by his father, natural guardian, being dissatisfied with the quantum of compensation awarded, has preferred this appeal under section 173 (1) of the Motor Vehicles Act, 1988 (for short 'the Act'), calling in question the judgment and award dated 17. 9. 2002, passed in M. V. C. No. 1254 of 2000 on the file of the court of the Addl. Motor Accidents Claims Tribunal, Saun-datti (for short 'm. A. C. T. ' ).

(2.) FACTS in brief, noticed, for decision making are: on 19. 4. 2000 at about 1345 hours, while Iranna, son of Basappa Kurahatti was walking on the left side of the road in Kasaba lane, near Jogannavar Complex on Nargund-Saundatti Road of Nargund town, the motor vehicle being a bus bearing registration No. KA 25-F 937, belonging to the respondent No. 2 and driven by the respondent No. 1 at a high speed and in a rash and negligent manner from Sankdal side dashed against the said Iranna. Due to the said accident, Iranna sustained grievous injuries resulting in amputation of his left leg below knee. The injured a student studying in 2nd standard, resident of Kurahatti, Ramdurg taluk of District belgaum, was admitted to the Government hospital, Saundatti, for his treatment and thereafter to KMC Hospital, Hubli for further treatment as an inpatient. Due to the amputation of the left leg, the injured discontinued his studies. On the aforesaid facts, the injured represented by his father filed a claim petition under the Act seeking compensation of Rs. 4,00,000, which petition was numbered as M. V. C. No. 1254 of 2000. Respondent Nos. 1 and 2, on notice, filed separate written statements denying the claim of the injured.

(3.) IN the premise of the pleadings of the parties, the M. A. C. T. framed three issues, recorded the depositions of the father of the claimant as PW 1 and two other witnesses pws 2 and 3. On behalf of the claimant, 13 documents were produced and marked as Exhs. P-1 to P-13. The respondents did not adduce any oral evidence or produce any documents in support of their pleading.