SUBODH SUBHASH KAKADE Vs. APPASABAD JINNAPPA CHOUGULE

JUDGEMENT

(1.) THE claimant-injured, dissatisfied with the quantum of compensation awarded in MVC No. 532/2004 by common judgment and award dated 22-10-2005 in MVC No. 532 and 533/2004 of the III Addl. District Judge and Member, IV MACT, belgaum (for short 'mact'), has preferred this appeal for enhancement of compensation.

(2.) THE appellant, along with his parents was travelling in a maruti car bearing registration no. KA_22/ma-1919 from davanagare to Belgaum on 19-2-2004 when the motor vehicle bearing registration No. KA_22/6158 belonging to the 1st respondent and insured by the 2nd respondent, came from the opposite direction, at a high speed and in a rash and negligent manner and dashed against the maruti car causing grievous injuries to the occupants, including the appellant, and the death of Smt. Sushma-mother of the appellant. While the appellant instituted a claim petition numbered as MVC No. 532/ 2004, joined his father in filing MVC No. 533/ 2004 for compensation due to the death of smt. Sushma. In both the petitions, the respondents herein were arraigned as respondents 1 and 2. The 1st respondent despite service of notice, being absent was placed ex-parte, the 2nd respondent filed its written statement denying all material averments.

(3.) IN the premise of the pleadings of the parties, the MACT framed issues in each of the petitions, thereafter clubbed the petitions, held a common trial, recorded the evidence of 3 witnesses as PW-1 to PW-3 and marked 53 documents as Ex. P-1 to P-53 for the claimants, while for the respondents, no oral evidence was tendered, except producing the copy of the policy of insurance of the offending vehicle. The MACT, having regard to the material on record and the evidence both oral and documentary, attributed actionable negligence to the driver of the motor vehicle bearing registration no. KA-22/6158 while answering issue no. 1 and awarded compensation of Rs. 78,500/-with interest at 6% p. a. , by the impugned judgment and award.