BASAVARAJ DANDAPPA BADA Vs. SALEEM SHA AND OTHERS

JUDGEMENT

(1.) MFA No. 31798/2013 is filed by the claimant for enhancement of compensation and MFA No. 31716/2013 filed by the insurance company on the ground of shifting the liability to pay compensation by the insurance company.

(2.) These two appeals are filed against the impugned judgment and award dated 14-2-2013 made in MVC No. 709/2011 on the file of the I-Additional Senior Civil Judge and MACT Gulbarga, awarding compensation of Rs. 2,95,000/- along with interest at 6% per annum from the date of petition till the date of realization.

(3.) It is the case of the claimant before the Tribunal that on 17-9-2010 at about 4.45 p.m., the claimant was standing in front of the bus-stand at Sedam to go to Kalagi. At that time, one autorickshaw bearing No. KA-32-4806 came from market side in a high speed and in a rash and negligent manner and dashed against the claimant, due to which, the claimant fell down and sustained grievous head injuries. Immediately, he was shifted to the Government Hospital, Sedam. Thereafter, he was shifted to Ashwini Hospital, Sedam. Thereafter, he was shifted to Ashwini Hospital. Solapur and he was operated and further he was shifted to SCSMSR Hospital, Solapur and he was admitted as in-patient for one month. It is further stated that surgery department has treated for head injury which has incurred huge medical expenses. It is also stated that he was earning Rs. 5,000/- per month from tailoring and income from agriculture. It is stated that he could not able to work as before after the accident. Therefore, he has sought for compensation as prayed in the claim petition.