LAWS(KAR)-2015-10-214

PETER Vs. HANIFA AND ORS.

Decided On October 29, 2015
PETER Appellant
V/S
Hanifa And Ors. Respondents

JUDGEMENT

(1.) This is claimant's appeal challenging the judgment and decree in MVC No.990/2014 dated 19.12.2014 on the file of the Presiding Officer, Fast Track Court-I & Addl. MACT, Belagavi.

(2.) The appellant/claimant filed the aforesaid claim petition seeking compensation on account of the injuries sustained by him in a motor vehicle accident occurred on 28.4.2014. It is the case of the claimant that on 28.4.2014 at about 7.20 p.m. his son and himself were standing near Fish Market, Belagavi after parking the vehicle near St.Anthony School. At that time, the driver of the offending vehicle drove the vehicle in question in a rash and negligent manner and dashed against the claimant from behind causing serious injuries. He was admitted to Lake View Hospital, Belagavi, for treatment. The next day he was shifted to Kapileshwar Hospital, Belagavi. It is contended that he has sustained fracture of D-11 vertebra and other injuries. In all, he claimed compensation of Rs.50 lakhs.

(3.) The respondent-Insurance Company has entered appearance and filed its written statement opposing the claim petition. On the basis of the pleadings of the parties, the Tribunal has framed the relevant issues. The claimant was examined as P.W1 and two witnesses were examined as P.W2 and P.W3. The documents Ex.P1 to Ex.P24 were marked in their evidence. The respondent-Insurance Company has not let in any oral evidence. However, policy of Insurance was marked by consent of the parties at Ex.R1. On appreciation of the materials on record, the Tribunal has awarded a compensation of Rs.14,64,000/- with interest at 6% per annum from the date of the petition till the date of realisation.