YASIN Vs. VISHRANTI

JUDGEMENT

(1.) The claimant, who sustained comminuted fracture of left radius and ulna, blunt injury to the abdomen and injuries to D12, L1, L2 vertebra and closed injury to head is before this Court for enhancement of compensation against the judgment and award dated 30.08.2014 made in MVC No.1420/2012 on the file of the MACT-VII, Bijapur awarding compensation of Rs.4,86,000/- with interest at 6% per annum from the date of petition till its realization.

(2.) It is the case of the claimant that on 24.07.2012 while he was travelling on his motorcycle bearing No.MH-13/AU-9496 and reached near water motor pump on Bijapur road at Solapur, at that time, one truck bearing No.MH-13/B-0642 came from back side in a high speed, rash and negligent manner and dashed to the motorcycle. Due to which, the claimant sustained grievous injuries to all over the body.

(3.) Respondent No.1 placed exparte. Respondent No.2 filed objections denying the averments made in claim petition. It also denied involvement of the said truck in the accident, age, occupation, income and injuries sustained by the claimant. It was contended that the claim sought by the claimant is exorbitant and not entitled for compensation as the driver of the truck was not possessing valid and effective driving licence to drive the same as on the date of the accident and there is contributory negligence on the part of the claimant. Therefore, they sought for dismissal of the claim petition.