HANAMANTU @ HANAMANT Vs. SANTOSH DEVI

JUDGEMENT

(1.) The unfortunate claimant/appellant who lost his left leg which came to be amputated below knee is before this Court for enhancement against the judgment and award dated 23.01.2014 made in MVC No.1174/2012 on the file of the II Additional Senior Civil Judge and MACT-VII at Bijapur awarding compensation of Rs.4,31,600/- with interest at 8% per annum from the date of petition till the date of deposit.

(2.) The claimant filed a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of Rs.16,00,000/- for the injuries sustained by him in the accident. It is the case of the claimant that on 05.03.2012 at about 10.00 p.m. when he was travelling on his bicycle and came near ITI Police Chowki, Bijapur on Solapur Bijapur road, he was trying to cross the road, at that time, the driver of truck bearing No.HR-37/C-5299 came in a rash and negligent manner with high speed and dashed against him and caused the accident. Due to which, he sustained grievous injuries to left leg, forehead, left hand and other parts of the body. He was shifted to Dr.Raut Hospital, Solapur as inpatient. He had undergone operation for the injuries and taken follow up treatment and spent huge amount towards medical expenses. He further contended that he was working as Private Security Work and earning Rs.10,000/- per month and on account of the accident, he suffered permanent disability. The respondents being the owner and insurer of the said truck are liable to pay the compensation. Therefore, he sought to allow the claim petition.

(3.) Respondent No.1 placed exparte.