KALLAPPA Vs. ABDUL SHOAIB SHAIKH AND ORS.

JUDGEMENT

(1.) This is the appeal preferred by the appellant/claimant, being aggrieved by the judgment and award passed by the MACT, Khanapur, dated 25th June 2014, in MVC No. 2496 of 2013.

(2.) The brief facts leading to filing of the claim petition by the appellant before the Tribunal are that, on 13.11.2013 at about 6.15 p.m., when the appellant stood by the side of the road near Hindalga Ganapati Temple, Belagavi, the driver of the offending Tata Sumo, bearing No. MH -04/AA -930 came from behind in rash and negligent manner and dashed to the appellant, due to which he sustained grievous injuries and immediately, he was shifted to Siddivinayak Hospital, Belagavi. He sustained multiple fractures to his left leg. His left leg was amputed above knee, for which he spent Rs. 1,50,000/ -. Hence, he filed a claim petition.

(3.) The respondents filed objection statement denying the averments made in the claim petition and the respondent/insurance company denied the averments with regard to age, occupation, income and nature of accident, and also denied that he was earning monthly income of Rs. 15,000/ -. It is also contended that the accident had occurred when the appellant abruptly crossed the road and hence, there is no negligence on the part of the driver of the said vehicle and sought for dismissal of the claim petition.