ARJUN S/O SHIVAGOND VHANAMARATHE Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) This appeal under Section 173(1) of the M.V. Act is against the judgment and award dated 2.6.2011 in MVC No.725/2010 on the file of MACT-XII, Bijapur.

(2.) On 15.10.2005, at about 8.00 p.m., when the claimant was proceeding on Jath-Solapur road on a motor cycle bearing No.MH-10/AC-2242 slowly and carefully, a MSKRTC bus bearing No.MH-12/UA-8018 came in rash and negligent manner and dashed against the claimant causing him multiple grievous injuries, for which, he was treated in Civil Hospital, Sangli as inpatient. Thereafter, he was treated at Indian Orthopedic and Fracture Hospital, Miraj. He spent substantial amount for his treatment, he lost his earnings during the period of treatment and despite best treatment, he suffered disability.

(3.) Claiming compensation, he filed claim petition under Section 166 of the M.V. Act. It was opposed by the respondent MSKRTC. In its reply, it has denied all the material averments made out in the claim petition as to the nature of injuries, nature of treatment, period of hospitalisation, expenditure incurred, avocation, income, loss of income, disability said to have been suffered by him etc., apart from denying negligence attributed to the driver of the MSRTC bus.