PARASAPPA RAMAPPA SANKARATTI Vs. MUBARAK BANDENAWAZ BIRADAR PATIL

JUDGEMENT

(1.) THIS appeal by the claimant under Section 173(1) of the Motor Vehicles Act is preferred against the judgment and award dated 10.08.2009 passed in M.V.C. No. 2758/2004 on the file of the Additional MACT and Presiding Officer, FTC -III, Belgaum.

(2.) ON 16.08.2004, at about 3.30. p.m., the appellant -claimant and his brother Bhimappa were going to their village after completion of their work at Athani. At that time, Mahindra Jeep bearing registration No. KA -23/M -5503 came in a great speed and in the negligent manner dashed against the claimant from behind. As a result, he sustained grievous head injuries. Initially, he was treated at Civil Hospital, Athani as inpatient followed by Dr. V.K. Jadhav, Neurology Centre at Miraj. He spent substantial amount for his treatment. He lost his income during the period of treatment. Despite the best treatment, he has suffered disability. Therefore, claiming compensation of Rs. 8,00,000/ -, he filed claim petition under Section 166 of the Motor Vehicles Act. The claim petition was opposed by the insurer of the Jeep. It came up for consideration before the Tribunal. The Tribunal upon consideration of the evidence placed on record and upon hearing the submission made by both the counsel, come to the conclusion that the accident and the resultant injuries sustained by the claimant were on account of rash and negligent driving of the Jeep and thereby awarded total compensation of Rs. 1,87,160/ - with interest at 12% p.a. from the date of petition till realization.

(3.) I have heard both the learned counsel appearing for the claimant and the insurer. The only point that arise for my determination is: