UMESH Vs. DHARMANNA; BRANCH MANAGER; RAVI

JUDGEMENT

(1.) Claimant in MVC 2098/2009 dissatisfied with the quantum of compensation by Judgment and award dated 03.05.2011 of the Motor Accident Claims Tribunal and Fast Track Court-I/II, Bijapur (for short MACT) has presented this appeal for higher compensation.

(2.) In the accident that occurred on 31.10.2008 involving the motor vehicle belonging to respondents 1 and 3 and insured by respondents 2 and 4, appellant suffered grievous injury to the spine and despite treatment was unable to recover leading to filing a claim petition under section 166 of the Motor Vehicles Act, 1988 registered as MVC 2098/2009.

(3.) In the petition it was asserted that consequent upon suffering grievous injuries to the Spinal Chord appellant was admitted to KLE Hospital, Belgaum and was inpatient in different spells, from 01.11.2008 to 19.02.2009; 19.02.2009 to 09.03.2009; 18.05.2009 to 25.05.2009 and from 07.06.2009 to 20.06.2009 as indicated in the medical records Exhibits P-7, 8, 14 and 15. Appellant was diagonised to have sustained fracture of D3-D4 with paraplegia and heamthorane on right side according to D Rajesh Yashwant Shenoy, Neuro Surgeon of KLE Hospital, Belgaum who treated the claimant/appellant and opined that the fracture of D3 and wedge compression of D4 vertebral body with grade IV anterolisthesis of D3 over D4 vertebral body causing significant compression on the spinal cord caused spidural haematoma formation at D3-D4. The x-ray disclosed left side masive haemothorax and right sides minimal haemothorax. According to Doctor appellant sustained 80% Locomotor disability.