MAHADEV GURULINGAPPA KOLAR Vs. KRISHNE R KSHIRSAGAR

JUDGEMENT

(1.) THIS appeal is by the claimant seeking for enhancement of compensation for the injury sustained by him in a motor vehicle accident.

(2.) THE claimant was travell ing from Kolhapur to Athani in a Mahindra Jeep bearing No.KA -23/M - 5532 and the driver of the said jeep was driving the same in a rash and negl igent manner. As a result of which, he lost control over the jeep and it went on to the left side of the road and fel l down in the ditch and caused the accident.

(3.) IN the said accident, claimant has sustained grievous injuries. Immediately, he was shifted to Dr.P.S.Kulkarni's Radheshayam Hospital, Athani where he was admitted as indoor patient from 10.05.2005 to 11.05.2005. Thereafter, he was shifted to Dr.Sanjeev Kulkarni's Orthopedic, Miraj for further treatment. On account of the accident, he has sustained grievous injury to spinal chord and his urine bladder was damaged and both upper and lower l imbs were injured. He was admitted to the hospital as inpatient from 11.05.2005 to 13.05.2005. From there, he was shifted to K.L.E.Hospital, Belgaum, where he was admitted as inpatient from 13.05.2005 to 24.05.2005. He was operated on neck as he was suffering from spinal chord injury. The claimant was aged about 40 years. He was doing photography and videography business and he was running a Photo studio in the name and style of Shri. Shivayogi Photo Studio and there by he was earning Rs.1,50,000/ - per annum. He was also doing agriculture and growing commercial crops l ike sugarcane, sunf lower, soyabean, cotton etc. in his agriculture land bearing Sy.No.563 measuring 18 acres 13 guntas of Nandagaon vi l lage and thereby he was earning Rs.1,00,000/ - per annum. He was also managing and cultivating the land R.S.No.562 owned by his wife Smt.Anita Mahadev Kolekar and he was earning Rs.50,000/ - per annum. His grievance is that because of this accident, he became permanent physical disabled and not in a position to do his business and carryon agricultural activities and therefore, he has preferred a claim petition claiming a sum of Rs.55,00,000/ -.