MOHAMMAD MUNIF Vs. YOGESH KAPRI

JUDGEMENT

(1.) The appellant-claimant represented by his father has filed this appeal challenging the judgment and award dated 2.3.2013 made in MVC No.420/2013 on the file of the Fast Track Court-III and Addl. MACT, Belgaum (for short, 'the Tribunal'), by which it has granted total compensation of Rs. 2,01,000/- with interest at the rate of 8% per annum from the date of petition till its realization.

(2.) It is the case of the claimant before the Tribunal that on 17.12011 at about 6 p.m., the claimant was proceeding by walk and when he was reached near Pathan Garage Belgaum, Ujwal Nagar, at that time, the driver of the Car bearing No.MH-14/BR- 3278 came from Kolhapur towards Dharwad in a rash and negligent manner and without observing the traffic rules and the driver of the car lost control over his vehicle and dashed to the claimant and caused the accident. Immediately after the accident, the claimant was shifted to Lakeview hospital, Belgaum wherein he was taken treatment as inpatient from 17.12011 to 212011. The necessary operation was conducted by the doctor on his head and other parts of the body. Due to the accidental injuries, Master Mohammad Munif has not identified anybody and he has lost his memory power. The claimant represented by his father has filed a claim petition seeking compensation for the injuries sustained in the road accident.

(3.) The respondent No.1 placed exparte. Respondent No.2 filed objections and denied the averments made in the claim petition and sought for dismissal of the petition.