VITHAL MAHADEV BANDAGI Vs. BHAVA LAXMAN BARDE

JUDGEMENT

(1.) This appeal is filed by the appellant challenging the judgment and award dated 23.02.2012 passed in M.V.C.No.1773/2011 by the IV Addl. District and Sessions & MACT-V, Belgaum, whereunder the petition filed by the appellant was partly allowed. The petitioner/appellant in this appeal is seeking enhancement of the compensation.

(2.) Though this case is posted for admission, with consent of learned counsel for the parties, the same is taken up for final disposal.

(3.) It was the contention of the claimant in the claim petition filed before the Tribunal that when the injured petitioner was proceeding on 03.07.2011 from Belgaum towards Shinnoli on his Hero Honda motor cycle bearing registration No.KA-22/R-9374 at about 7.15 p.m. in front of Pickle factory at Turamari, the rider of the motorcycle bearing registration No.KA-22/EE-6031 came from opposite direction in a rash and negligent manner and lost his control and came on the wrong side and dashed to the petitioner and as a result of the same, he fell down and sustained fracture of left thumb, left femur and other injuries. Immediately, he was admitted in Vijaya Hospital, Belgaum, for treatment. It is the case of the petitioner that he was doing mason work and was earning Rs.9,000/- p.m. Because of the accidental injuries, he is not in a position to work as he was doing before. On these grounds, he claimed to allow the petition.