SURESH BACHA PUJARI Vs. BANDU S CHOUGALA

JUDGEMENT

(1.) PERSONAL injury may be inflicted by means of a large number of very different torts. The tort of negligence qualifies to take easily the larger share. An unfortunate victim of an accident is in appeal. His right leg has been amputated.

(2.) IN an accident which occurred on 9. 4. 1993 at about 11. 45 p. m. , the claimant appellant was going to his house by the side of the road. At that point of time, a tractor being driven with high speed came from Manajari side and hit the petitioner. Due to the said impact, claimant-appellant fell down and sustained severe injuries to his both legs. Immediately after the accident, the claimant-appellant was shifted to the hospital. Thereafter, for a better and further treatment he was taken to Wanless hospital at Miraj. According to claimant appellant, even as on the date of the filing of the claim petition, he was undergoing treatment. Prior to the accident, claimant was serving as a supplier in Nand Govind hotel at Ankali. Due to the injuries suffered and the impact thereof, the right leg of the claimant-appellant has been amputated and he has become permanently disabled causing him severe suffering, both mentally and physically.

(3.) THE said claim petition was contested by the owner as well as the insurer by filing statement of objections. They have denied the entire claim and the injuries suffered by the claimant-appellant and sought for dismissal of the claim.