ORIENTAL INSURANCE CO LTD Vs. PRAKASH MALLAPPA JAMBAGI

JUDGEMENT

(1.) M.F.A.No.100357/2015 is preferred by the Insurance Company seeking reduction of the compensation and M.F.A No. 100378/2015 is preferred by the claimant seeking enhancement of the compensation against the judgment and award dated 25.09.2013, in MVC No. 96/2013 passed by the Senior Civil Judge and Additional M.A.C.T., Bailhongal (Hereinafter referred to as "the Tribunal" for short) awarding compensation of Rs. 13,16,000/- with interest @ 9% per annum on Rs. 11,66,000/- from the date of petition till the date of deposit.

(2.) It is the case of the unfortunate appellantclaimant before the Tribunal that both the legs of the claimant have been amputed above the knee due to the accident occurred. It is contended that on 23.10.2012, the claimant had been to Hirebagewadi along with his son by name Shridhar for selling bullocks in cattle market at Hirebagewadi village. Since the bullocks were not sold, claimant sent back the bullocks along with his son to go to home. On the very same day, at 4.40 p.m., the claimant was standing by the side of P.B. Road, near Darga of Hirebagewadi village, in order to go to Bailhongal and at that time, the driver of Maruti Omni car bearing No.KA-25/N-7924 came in a rash and negligent manner, so as to endanger human life and dashed against the claimant. Due to the said accident, the claimant sustained crush injuries to both of his legs, resulting into amputation of both legs above the knee and he also sustained serious injuries all over the body.

(3.) The claimant further contended that immediately after the accident, he was shifted to the District Hospital, Belgaum, where he took first aid and then he was shifted to Lakeview Hospital, Belgaum, where he was admitted as an inpatient for 20 days and took medical treatment. As the claimant suffered serious crush injuries, both of his legs were amputed above the knee. During hospitalization, the family members of the claimant have attended him and spent more than Rs. 1,50,000/- for his medical expenses and other incidental charges. At the time of the accident, the claimant was aged about 42 years. It is further contended that before the accident, the claimant was hale and healthy and was doing mason and agricultural work and was earning Rs. 7,500/- per month. Due to the said accident, he suffered grievous injuries and sustained permanent disability. He further contended that the accident occurred due to the rash and negligent driving of the driver of Maruti Omni car. Therefore, he filed a petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 30,00,000/- from the respondents.