ABDUL NAYEEM Vs. DEVARAJ

JUDGEMENT

(1.) Appeal by the claimant challenging the judgment and award dated 23.01.2015 passed in MVC No.1189/2012 by the I Addl. Senior Civil Judge & MACT At Kalaburagi. The Tribunal has awarded compensation of Rs.3,93,500/- with 6% interest challenge is on the ground of liability and quantum.

(2.) On 17.09.2012 the claimant was proceeding towards central Bus stand Gulbarga from Station Bazar along with his friend as a pillion rider on the motorcycle bearing No.KA-32/EA-149, when the above said vehicle was near Govt. ITI College, one Tata Indica car bearing No.KA-32/TR-2300 driven by its driver with high speed in a rash and negligent manner, dashed to the above said Motorcycle due to which he fell down and sustained grievous injuries i.e. fracture of left clavicle, fracture of Ex.D-9 to Ex.D.12 vertebra and un-displaced fracture surgical neck and greater tuberseiti. Thereafter, he was shifted to the KBN Hospital, Gulbarga and after taking primary treatment he was referred to Hospital at Solapur and he was admitted as an inpatient from 18.09.2012 to 21.09.2012 at BINIT hospital Solapur. Thereafter, he was taken to New Life Hospital at Hyderabad and had undergone surgery at the said Hospital and he was inpatient at the said Hospital from 23.09.2012 to 30.09.2012. In support his case, he was produced charge sheet, wound certificate, IMV report, copy of mahazar, discharge card, MRI report, medical bills, prescriptions, X-Ray films, disability certificate, X- Ray report and above said documents are marked at Ex.P.3 to Ex.P.18. Ex.P.8 discharge summary which discloses that D10-D12 transpedical screw fixations with rods and screws + bonegrafting and D11 laminectomy done under GA on 24.09.2012. Ex.P.9 disclose that Fracture of right 5th rib is seen in its lateral postion. Fracture of lateral end of right clavicle is seen and fracture greater tuberosity of right humerus.

(3.) The doctor has been examined as PW.2. He has stated in affidavit that " multiple fractures of vertebra DT9-10-11-12, fracture of right rib, fracture of left clavicle, fracture of respondent. Surgical neck of humerus and greater tuberosity. Further deposed that except vertebral bodies D10-D12 transpedical screw fixations with rods and screws + bonegrafting and D11 laminectomy done under Government Advocate and further he has deposed that the injured has 40-45% disability. The claimant has stated that working as visiting card and stamp seal maker and he was earning of Rs.12,000/- per month. The Tribunal has awarded the compensation amount Rs.3,93,500/-