BANDU GORTE Vs. MOHD IRFAN CHOUDARY

JUDGEMENT

(1.) The claimant has filed the present appeal for enhancement against the impugned judgment and award dated 20.02.2013 made in MVC.No.285/2012 on the file of Fast Track Court Basavakalyan, Dist: Bidar awarding Rs.10,000/- with interest at the rate of 6% p.a. from the date of petition till the date of actual realization.

(2.) It is the case of the claimant that, claimant and his wife were returning to their village after attending marriage ceremony at Chinchur village on 29.01.2012 on their bike bearing Reg.No.KA-54-E-45. When they came near Halli village in Morkhandi cross on NH-9 at about 05.30 p.m. the vehicle Bolero bearing Reg.No.KA-25-P-7584 came in a high speed with a rash and negligent manner and dashed against the bike. The claimant and his wife sustained grievous injuries. They were shifted to Government Hospital Basavakalyan for treatment. Thereafter they had taken treatment at Dr.Vijay Patil Hospital Umerga. Dr. Vishwekar Hospital Umerga and Dr. Kudre Hospital Manthal. Prior to the accident the he was hale and healthy and aged about 35 years. He was running medical business and earning more than Rs.500/- per day and Rs.5,00,000/- per annum from agriculture. The respondent No.1 and respondent No.2 are liable to pay the compensation. Therefore, he sought for allow the claim petition.

(3.) In response to the notice, the respondent No.1 remained absent. The respondent No.2 appeared through its counsel and filed written statement denying the averments made in the claim petition. Age, income, occupation, avocation and expenditure made towards treatment of the claimant are denied. It was further contended that the alleged accident was not due to rash and negligent act of the driver of the Bolero. With other grounds respondent No.2 prays for dismissal of the claim petition.