MADHUKUMAR Vs. P. H. MALLIKARJUN

JUDGEMENT

(1.) Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal.

(2.) This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dtd. 3/2/2021 passed in MVC.No.1376/2019 by the II Addl. Senior Civil Judge and Addl. MACT, Ranebennur (for short, 'Tribunal')

(3.) Brief facts leading to filing of this appeal are that on 25/9/2019, the appellant was proceeding on a motorcycle bearing registration No.KA-15/W-8784, at that time, one Nissan Car bearing registration No.KA-04/ML-1640 came from opposite direction in a high speed, rash and negligent manner and dashed to the motorcycle, resulted in sustaining grevious injuries to the appellant. It is averred that the appellant was hospitalized initially from 25/9/2019 to 30/10/2019 and his right leg above the knee was amputed, therefore, again he was admitted to Dr.Nanjappa Hospital, Shivamogga from 30/10/2019 to 1/11/2019. It is further averred that during treatment, appellant incurred substantial amount towards medical expenses. It is also averred that due to the injuries sustained in the accident, the appellant suffered disability and is unable to carryout any work, which he used to carryout prior to the accident. Hence, the appellant filed a claim petition seeking compensation.