SHIVALINGA SHIVAPPA MANAGAJ Vs. SANJAY J. PATIL

JUDGEMENT

(1.) APPELLANT is the claimant in M.V.C. No. 2214/2009 on the file of Fast Track Court -I, Belgaum. The present appeal is filed seeking enhancement of the compensation awarded by the Trial Court.

(2.) AFTER issuance of notice, respondent no. 1 represented by his counsel Sri. Aravind D. Kulkarni, respondent no. 2 though served remained unrepresented, respondent no. 3 is represented by Sri. S.V. Yaji and the respondent no. 4 is represented by Sri. K.L. Patil.

(3.) THE brief factual matrix that emanate from the records are that on 27.11.1999 at about 11.30 p.m. the claimant was standing by the side of the P.B. road in front of the main gate of Heera Sugar Factory waiting for a vehicle in order to go to his native place. At that time, a tractor bearing no. KA -23 -t -3730 was coming towards the said sugar factory. At the same time a truck bearing no. KA -22 -7288 coming from Nippani side which was being driven by its driver in a rash and negligent manner and came and dashed against the said truck. As a result of the impact of the accident, the said tractor dashed against the petitioner who was standing by the side of the road and due to which he sustained grievous injuries. After the accident he was shifted to K.L.E. Hospital, Belgaum and he was an inpatient for a period of 48 days and he has undergone multiple surgeries. The claimant has examined himself as P.W. 1 and got marked several documents as per Ex. P.1 to Ex. P.7. He has also examined P.W. 2 -Dr. Annasaheb Bapusaheb Patil who has categorically stated about the injuries sustained by the claimant (appellant). The evidence of the claimant and the medical certificate produced before the Court establish that the claimant has suffered three injuries, i.e., (1) Cerebral contusion (defused axonal injury); (2) Fracture of left hand (both radius and ulna), and (3) Fracture of left tibia. The Doctor has also stated that the injured has sustained 20% disability. The trial Court after calculating the compensation on several heads in total awarded a sum of Rs. 3,21,000/ -.