SHAIK FASIUDDIN @ SHARUKH Vs. SYED NUROODDIN

JUDGEMENT

(1.) The claimant has filed the present appeal for enhancement of compensation against the judgment and award dated 18.10.2014 made in MVC No.582/2012 on the file of Fast Track Court, Basavakalyan, Bidar district awarding compensation of Rs.2,24,261/ with interest at 6% per annum from the date of petition till its realization.

(2.) It is the case of the claimant that on 15.05.2012 at about 8.45 p.m. he was proceeding towards Tripurant along with his friend on vehicle bearing No.GJ-15/NN-6734, when they were reached in front of Shakti Motors, Basavakalyan, at that time Ape Auto bearing No.KA-39/4689 came from opposite direction in a rash and negligent manner and dashed against the claimant's vehicle and caused the accident resulting in claimant suffering Hematom right thigh and fracture of femur shaft of right. Immediately, he was shifted to Government Hospital, Basavakalyan and again he was shifted to Dr.Vishwekar Hospital, Umerga for better treatment. The jurisdictional police have registered a criminal case against the driver of the Ape Auto for the offences punishable under Sections 279, 337, 338 of IPC read with Section 187 of the Motor Vehicles Act in Crime No.87/2012. The claimant has spent Rs.1,00,000/- towards treatment. He was working as vegetable vendor and earning Rs.15,000/- per month. Therefore, he filed a claim petition for compensation as prayed for.

(3.) The respondent Nos.1 and 2 though appeared not filed the written statement. Respondent No.3 Insurance Company filed the written statement denying the allegations made in the claim petition and also age, occupation, income and expenses incurred by the claimant. It is also contended that the accident took place not due to rash and negligent driving of the driver of Ape Auto but on account of rash and negligent riding of the claimant. The driver of the offending vehicle did not possess valid and effective driving licence as on the date of the accident and violated terms and conditions of the policy. Therefore, sought for dismissal of the claim petition.