SAMEER Vs. PUTTAPPA AND ORS.

JUDGEMENT

(1.) THE appellant is the claimant in M.V.C. No. 15/2010 on the file of the Additional Senior Civil Judge and AMACT, Haven (hereinafter referred to as 'the Tribunal', for short). Being not satisfied with the quantum of compensation awarded by the Tribunal by its judgment and award dated 20.8.2011, the claimant has fled this appeal seeking enhancement of compensation.

(2.) THE case of the claimant is that on 21.5.2009 at about 11.00 p.m., when he was riding in his motor cycle bearing Regn. No. KA26/J -5346 on Laxmeshwar -Doddur Road, a motor cycle bearing Regn. No. KA -25/S -8672 came in opposite direction with high speed in a rash and negligent manner and dashed against the motor cycle of the claimant and caused accident. Due to the said accident, the claimant sustained grievous injuries to his hand and other parts of the body. Initially, he taken treatment in the Government Hospital, Laxmeshwar and thereafter he was shifted to KIMS Hospital, Hubli and also he took the treatment in Kalamadani Hospital, Hubli. At the time of accident, he was aged about 30 years. He was doing fruit business and earning a sum of Rs. 10,000/ - p.m. He claimed that due to the fracture of hand and other injuries to the body, he took the treatment for a period of 20 days as inpatient and spent Rs. 90,000/ - towards medical expenses and sought for compensation of Rs. 8,40,000/ -.

(3.) ON the basis of the pleadings of the parties, the Tribunal framed necessary issues. The claimant, in order to prove his case, examined himself as P.W. 1 and got marked the document as Exs. P1 to P25. The claimant examined Dr. Laxman Naik as PW 2 to prove his disability. On behalf of the respondents, the officer of the Insurance Company got examined as RW 1 and got marked the documents as Exs. R1 to R5.