RAMMANNA Vs. VINOD AND ORS.

JUDGEMENT

(1.) This Miscellaneous First Appeal is filed under Sec. 173(1) of the MV Act, against the judgment and award dated 17.07.2013 passed in MVC No. 154/2010 on the file of the Senior Civil Judge and Addl. MACT -III at Shorapur, sitting at Shahapur, partly allowing the claim petition and seeking enhancement of compensation.

(2.) With the consent of the learned counsel for the appellant and the learned counsel for the respondent No. 2, this matter is heard on merits. The materials placed before this Court is sufficient to dispose of this case at this stage.

(3.) The case of the claimant in the Claims Tribunal is that on 01.01.2009 at 4.00 PM near Laxmipur bus stand, the claimant along with deceased Tippanna were proceeding on a motor cycle bearing Reg. No. KA -33/H -2629 towards Sagoor village. At that time, driver of the lorry bearing Reg. No. KA -25/9363 drove the same from the opposite side and hit against the motor cyclist, as a result of which Tiuppanna succumbed to the injuries and claimant sustained fracture of Supracondylar of right femur and injury to the left eyebrow. He was shifted to Basaveshwar Hospital, Gulbarga.